CBRM Land Use Bylaw

TABLE OF CONTENTS Part 1 1 Introduction and Administration.......................................................................................... Section 1 Title and Enfo= Section 2 1 Scope ................................................................................................................................................................... Effective ate !) of this By-law............................................................................................................................... 1 nt Perrrit Application Requirer= nts.................................................................................................. 1 Levelopr= Zone Acronyms ................................................................................................................................................... 2 2 Intelpretation of Zone Boundarie" ....................................................................................................................... Intelpretation of Certain Words ...........................................................................................................................2 Leterrrination ofPen:ritted and existing)................................................................................... 2 Use" proposed ( Compliance with other By-laws and Regulations ................................................................................................ 3 nt Perrrit 3 Levelopr= IJuration............................................................................................................................ nt Perrrit Fee..................................................................................................................................... 3 Levelopr= llgital Site Plans from Levelopers.....................................................................................................................3 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 Part 2 Section 1 Section 2 r= nt ......................................................................................................................................... 1 General Provisions for all Zones............................................................................................ 4 Acce"sory Buildings............................................................................................................................................ 4 Acce"sory Use" .................................................................................................................................................... 4 Section 5 4 Acquisition of Property by Mlnicipality ............................................................................................................. Building to be Erected on a Lot Parcel ................................................................................................................ 4 Conforrrity With Existing Public Street/road Setback" .......................................................................................5 Section 6 r mmrn.mity Conversion offor= Section 7 Encroacb= nts Section 8 nt buildings .............................................................................................................................. 6 Existing Apart= nt Requirer= nts - RC[ xurs and Existing Buildings and Non-mmpliance with Lot Parcel Levelopr= Section 3 Section 4 Section 9 Pen:ritted or educational service 5 buildings..................................................................... from Required Setback" .............................................................................................6 ReconstruLtion... .................................................. .... ............................................... .... ............................................... ........ ....... 8 Section 10 Section 11 Section 12 nt Requirer= nts - Change qf U~ e............ 8 Existing Buildings and Non-mmpliance with Lot Parcel Levelopr= 8 Existing Mobile Ho= ...................................................................................................................................... 8 Existing Undersized Lot Parcels ......................................................................................................................... Section 13 Fences ................................................................................................................................................................. Section 14 FIre E"capes and Exterior Staircase"................................................................................................................... 9 nt - lliITIllilt Storage............................................................................................................... 9 Equipr= Section 15 9 Section 16 Fishel)' Frontage on a Public Section 17 Hor= Busine"ses Section 18 Section 20 11 Irregular, or Flag-shaped Lot Parcels................................................................................................................ Lot Parcel Levelopr= nt Requirer= nts............................................................................................................. 12 Lot parcel preparation storage sheds................................................................................................................. 13 Section 21 Mne Water Treat= nt Plants ........................................................................................................................... Section 19 Section 22 Section 23 Section 24 Section 25 Section 26 Section 27 Section 28 Section 29 Section 30 Section 31 Section 32 street/road......................................................................................................................... 9 .............................................................................................................................................. tor Vehicle Fuel Service - Special MIltiple Use"................................... Non-confor ring Lot Parcel nt Requirer= nts ................................................ Levelopr= 11 13 13 ..................................................... ................................................... 13......... Structures .............................................................................................................................. 13 13 Nursing Ho= ................................................................................................................................................. ffsite/off-public street/road parking .............................................................................................................. 16 Parcel................................................................................................ One Mtin Residential Building on a Lot 16 Outdoor Storage................................... ................................................... ................................................... ....... 16 Parking Area Standard"......................................................................................................................................17 nts Acmrcling to Land Use Type.........................................................................................19 Parking Requirer= nt ......................................................................... 21 Parking of~ tor Vehicle" OMled by Business Levelopr= of Lerelict ~ tor Vehicle" .................................................................................................................. 21 Parking Section 33 21 Scientific Research Monitors............................................................................................................................ Section 34 Setback and % Lot Parcel Section 35 Section 36 Section 37 Section 38 Section 39 21 Coverage Allowance............................................................................................... Signs ............................................. ................................................... ................................................... .............. 21 in Residential Zone" ............................................................................................................... 21 Signs Pen:ritted 22 Signs Prohibited in all Zones ............................................................................................................................ 22 Sign Safety and Maintenance............................................................................................................................ 22 TelJ1Xlrary Use" Pen:ritted ............................................................................................................................... Section 40 Section 41 Section 42 Section 43 Part 3 Traffic Impact Analysis Required..................................................................................................................... 23 23 Utility Scale Wind Turbine<; ............................................................................................................................. nt Facilities .................................................................................................. 23 Utility Transrrission and Treat= Vendors Subject to the Vendors By-law........................................................................................................... 24 Downtown Central Business District (CBD) Section 1 CBD Uses Section 2 CBD Lot Parcel Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Part 4 Section 1 Section 2 Section 3 Zone ........................................................... 25 Pen:ritted ............................... ......................................................................................................... 25 nt Requirer= nts................................................................................................... 26 Levelopr= Outdoor llsplay and Storage ........................................................................................................................... 26 Residential Levelopr= nt ................................................................................................................................. 26 nt Perrritted ........................................................................................................ CBD Boundary Re- adjust= 28 use<;....................................................................................................................... 28 Manufucturing and Fishel)' NSP Uses Perrritted in CBD Zone in North 28 Sydney........................................................................................ nts Waived for = t CBD land u<; e<;.................................................................................. 28 Parking Requirer= e ofrmbile hOlIES for any CBD u<; e ..................................................................................... 28 Prohibiting the u<; Drive-throughs banned in the Core 28 Area........................................................................................................... in support of the rrnin u<; e and buildings enclosing 29 Utilitie<; them.................................................................... Downtown Sydney Waterfront (DWZ) 30 Zone............................................................... ........ D\\ Z Pen:ritted ....................................................................................................................................... 30 Use<; Land<; caping Provisions.......... ...................................................................... ....................................................30 31 Boutiques and Personal Service Bu<; inesse<; ..................................................................................................... Section 4 Outdoor llsplay............................................................................................................................................... 31 Section 5 No Section 6 Part 5 Section 1 nts for Residential Levelopr=nt..................................................................... 31 Lensity Requirer= e of rmbile hOlIES for e in this 31 Prohibiting the u<; anyu<; Zone.......................................................................... Arterial Business Corridor (ABC) Zone .............................................................................. 32 Section 2 Pen:ritted ............................... ......................................................................................................... Use<; nt Requirer= nts................................................................................................... ABC Lot Parcel Levelopr= Section 3 ffsite/off-public street/road parking Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Part 6 ABC 32 33 ............................................................................................................. nts and To~ ou<; e<; ........................................................................................................................... 33 Apart= Outdoor llsplay and Storage ........................................................................................................................... 33 Land<; caping Provisions.......... ...................................................................... ....................................................34 34 Special Provisions for ReseLVe Street in Glace Bay......................................................................................... 34 Screening Provision acljacent Residential Zones.............................................................................................. e of rmbile hOlIES for e in this 34 Prohibiting the u<; anyu<; Zone.......................................................................... iness on Richrmnd Street, Sydney......................................... 34 Special Provisions for Site of Tmck Repair Bu<; Boularderie Island Business Corridor (BBC) Zone ............................................................. 36 Section 1 BBC Uses Section 2 BBC Lot Parcel Part 7 32 Harbourside Pen:ritted ........................................................................................................................................ nt Requirer= nts ................................................................................................... Levelopr= Kings 36 36 Road Business Corridor ( HBC)Zone .................................................. 38 Section 1 HOC Uses Section 2 HOC Lot Parcel Section 3 nts and To~ ou<; e<; ........................................................................................................................... 39 Apart= e of rmbile hOlIES for e in this 39 Prohibiting the u<; anyu<; Zone.......................................................................... Section 4 Part 8 Section 1 Pen:ritted ............................... ......................................................................................................... nt Requirer= nts................................................................................................... Levelopr= 38 38 Mira Road Business ( MRB) Zone....................................................................................... 40 Section 2 Perrritted.............................. ......................................................................................................... 40 Use<; MRB Lot Parcel Levelopr= nt Requirer= nts .................................................................................................. 41 Section 3 Restaurants Section 4 41 Outdoor llsplay............................................................................................................................................... Part 9 MRB Sydney as a Subsidiary Use....................................................................................................................... River Service ( SRS) 41 42 Zone........................................................................................ Section 1 42 SRS Uses Perrritted ......................................................................................................................................... Section 2 Land<; caping Provisions.......... ...................................................................... ....................................................42 nts and To~ ou<; e<; ........................................................................................................................... 42 Apart= the u<; e of rmbile hOlIES for e in this 42 Prohibiting anyu<; Zone.......................................................................... Section 3 Section 4 1 Part 10 Keltic Drive Business Corridor ( KBC)Zone ...................................................................... 43 Section 1 KBC Uses Section 2 KBC Lot Parcel Section 3 Section 4 Section 5 Section 6 Pen:ritted ............................... ......................................................................................................... Part 11 Trans Canada Section 1 IO-I Section 2 Highway nts and To~ Apart= Boundary not to be Section 5 IO-IUse<; Part 12 C() z Uses C() Z Lot Parcel Section 1 ou<; e<; ........................................................................................................................... 45 45 Driveways........................................................................................................................ Convenience Store and Section 2 Part 13 45 Zone............................................................. ted.............................................................................................................................45 adju<; and their Section 1 Section 3 Intersection ( TCH) Perrritted ........................................................................................................................................ 45 Use<; Outdoor llsplay and Storage ........................................................................................................................... 45 Section 4 Section 3 43 nt Requirer= nts................................................................................................... 43 Levelopr= Outdoor llsplay and Storage ........................................................................................................................... 43 44 Mning Products Manufacturing and Coalllstribution ................................................................................... nts and To~ ou<; e<; ........................................................................................................................... 44 Apart= 44 Boundary facing Cantley Village subdivision.................................................................................................. Optional Use ( COZ) Zone ............................................................ 46 Pen:ritted ............................... ......................................................................................................... 46 nt Requirer= nts ................................................................................................... Levelopr= nts ............................. ......................................................................................................... Parking Requirer= Principal 46 46 Urban Intersection ( PUI) Zone ........................................................................... 47 Section 2 Perrritted.......................................................................................................................................... 47 Use<; Site plan approval provisions ...........................................................................................................................47 Section 3 Prohibiting the Part 14 Pill SBR Uses Section 2 Site Plan Section 5 Part 15 rmbile honEs for e in this anyu<; 48 Zone.......................................................................... Service Business/ Residential Corridor ( SBR) Zone ............................................................ 49 Section 1 Section 3 u<; e of Pen:ritted......................................................................................................................................... 49 Approval Provisions.......................................................................................................................... 49 Performance Zoning 50 Provisions....................................................................................................................... e of rmbile hOlIES for e in this 51 Prohibiting the u<; anyu<; Zone.......................................................................... Central Urban N eighbourhood Section 1 NClJ Uses Section 2 nts Apart= Section 3 SeLVice ( NCU) 52 Zone............................................................... ....... Pen:ritted........................................................................................................................................ 52 and To~ 52 ou<; e<; site - plan approval............................................................................................ 53 approval...................................................................................................................... 54 u<; e<; -site Section 4 plan Performance Zoning Part 16 Residential Urban A (RUA) Provisions....................................................................................................................... 55 Zone....................................................................................... Section 1 RUA Uses Section 2 nts and To~ ou<; e<; site - plan 55 Apart= approval............................................................................................ Inns and Cornrnunity Services-site plan approval........................................................................................... 56 Section 3 Part 17 Pen:ritted............................... ......................................................................................................... Residential Urban B ( RUB) 57 Zone....................................................................................... Section 1 RUB Uses Pen:ritted ............................... ......................................................................................................... Section 2 nts Apart= and To~ Section 3 Inns and Part 18 mmrn.mity RUC Uses Section 2 Inns and 57 plan approval............................................................................................ site plan approval ........................................................................................... 58 Service<;-- 59 Zone....................................................................................... Pen:ritted ............................... ......................................................................................................... mmrn.mity 57 ou<; e<; site - Residential Urban C ( RUC) Section 1 55 services - site plan 59 59 Section 3 approval........................................................................................... Agricultural...................................... ................................................... ................................................... 60 .......... Section 4 NSP Uses Perrritted in RUC Zone in North Part 19 Residential Urban D ( RUD) Zone ....................................................................................... 61 Section 1 RUD Uses Section 2 Inns and Section 3 60 Sydney........................................................................................ Pen:ritted........................................................................................................................................ mmrn.mity services - site plan 61 61 approval........................................................................................... Agricultural...................................... ................................................... ................................................... 62 .......... 2 Part 20 Residential Heritage Dwelling ( RHD) Section 1 RHD Uses Section 2 Lot Parcel Section 3 Section 4 Part 21 Zone ...................................................................... 63 Pen:ritted........................................................................................................................................ 63 nt Requirer= nts............................................................................................................ 63 Levelopr= Performance Zoning 64 Provisions....................................................................................................................... Inns and mmrn.mity site plan approval ........................................................................................... 65 Service<;-- Waterfront N eighbourhood ( WNZ) Zone........................................................................... 67 Section 1 WNZ Section 2 u<; e<;....................................................................................................................... 68 Manufucturing and Fishel)' Outdoor Storage .................................. ............................................................................................................. 68 e<; -site plan SeLVice u<; 68 approval...................................................................................................................... e of rmbile honEs for e in this 68 Prohibiting the u<; anyu<; Zone.......................................................................... Section 3 Section 4 Section 6 Part 22 Section 1 Pen:ritted ....................................................................................................................................... Use<; Purves Street ( PSZ) Zone.................................................................................................... PSZ Use<; Site plan approval Section 3 NSP Uses Perrritted in PSZZone in North Wolfe Street WSN Uses Section 2 Site plan Part 24 Section 1 Section 1 Section 1 Section 1 Part 28 71 (ABA) Zone ..................................................................... ................ 73 Pen:ritted........................................................................................................................................ 73 Land<; caping Provisions.......... ...................................................................... ....................................................73 Apartment Building ABB B ( ABB) Zone..................................................................................... 74 Pen:ritted ............................... ......................................................................................................... 74 Use<; Land<; caping Provisions.......... ...................................................................... ....................................................74 Apartment Building ABX Uses Section 2 Part 27 71 Zone.......................................................................... approval provisions ...........................................................................................................................71 ABA Uses Section 2 Part 26 70 Sydney......................................................................................... Pen:ritted............................... ......................................................................................................... Apartment Building A Section 2 Part 25 provisions ...........................................................................................................................69 Neigh bourhood (WSN) Section 1 69 69 Perrritted......................................................................................................................................... Section 2 Part 23 67 X (ABX) Zone..................................................................................... 75 Pen:ritted........................................................................................................................................ 75 Land<; caping Provisions.......... ...................................................................... ....................................................75 New Dawn Retirement NRV North Village ( NRV)Zone ...................................................................... Pen:ritted............................... ......................................................................................................... Use<; Sydney' s Port ( NSP) 76 76 77 Zone........................................................................................ Section 1 77 NSP Uses Perrritted......................................................................................................................................... Section 2 Fish ffal () Rednction Plants ............................................................................................................................. 77 Section 3 Outdoor llsplay and 77 Part 29 Storage ........................................................................................................................... N orthside Business Park ( NBP) Zone .................................................................. ..............78 Section 1 NBP Uses Section 2 NBP Mnirrum public street/ road frontage Section 3 Jutdoor Section 4 Setback from I) wellings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 5 79 Prohibiting the use of IlDbile holIES for any use in this Zone .................................................................... Part 30 Section 1 Section 2. Section 3. Sydport/ Pen:ritted......................................................................................................................................... Display and 78 78 requirerrrnts.......................................................................... 79 Storage........................................................................................................................ 79 SYSCO Industrial Parks ( SIP) Zone ..................................................................... 80 SIP Uses Pen:ritted........................................................................................................................................... 80 80 Sale<; .................................................................................................................................. Hard Services.................................................................................................................................................... 80 Special Condition - Section 4 Outdoor llsplay and Storage ........................................................................................................................... 80 Section 5 Fish ffal () Rednction Plants ............................................................................................................................. 80 3 Part 31 Section 1 Section 2 Part 32 Utility Generation/ Treatment/ 81 Zone....................................................... .. Perrritted ............................... ......................................................................................................... 81 Use<; Outdoor llsplay and Storage ........................................................................................................................... 81 Gill Coke Ovens Site Reserve ( COR) Section 1 COR Uses Section 2 Outdoor llsplay and Part 33 Disposal ( GTD) Regional 82 Zone................................................................................ Pen:ritted ............................... ......................................................................................................... 82 Storage ........................................................................................................................... 82 Sales / Service/ U tility (SSU) Zone ........................................................... ............. 83 Section 1 SSU Uses Perrritted......................................................................................................................................... 83 Section 2 83 Vegetative Buffer............................................................................................................................................. Outdoor llsplay and Storage ........................................................................................................................... 83 ted.............................................................................................................................83 Boundary not to be adju<; Section 3 Section 4 Part 34 Section 1 Regional Industrial Utility (IUR) 84 Zone............................................................................... Section 2 Perrritted......................................................................................................................................... 84 Use<; Outdoor llsplay and Storage ........................................................................................................................... 84 Section 3 Fish ffal () Rednction Plants ............................................................................................................................. Part 35 IUR Lingan Corridor Comprehensive Development District Section 1 LCD Section 2 LCD Section 3 Outdoor llsplay and Part 36 (LCD) Zone ................................. 85 Perrritted ........................................................................................................................................ 85 Use<; Perrritted by LevelopnEnt Agreer=nt............................................................................ 85 Use<; Storage ........................................................................................................................... Prime Brook Indus trial (IPB) IPB Section 2 nt Requirer= Levelopr= nts..................................................................................................... Outdoor llsplay and Storage ........................................................................................................................... Part37 Section 1 Section 2 Section 3 Section 4 Section 5 Part 38 Section 1 Section 2 Part 39 85 86 Zone.................................................................................... Section 1 Section 3 84 86 Perrritted.......................................................................................................................................... 86 Use<; IPB Lot Parcel 86 Prime Brook Sales / Service ( SSP) Zone............................................................................... 87 SSP Uses 87 Perrritted.......................................................................................................................................... service Sale<;/ nts and Residential Levelopr= nt ............................................................................. 87 Levelopr= nt Requirer= ntst.br Residential Development...................................................... 87 SSP Lot Parcel Levelopr= Mning products manufacturing .......................................................................................................................87 ted.............................................................................................................................87 Boundary not to be adju<; Donkin Highway Business and Manufacturing ( DBM) Zone ............................................ 88 DBM Perrritted ....................................................................................................................................... 88 Use<; Outdoor llsplay and Storage ........................................................................................................................... 88 Service Industrial (SIZ) Zone............................................................................................... 89 Section 1 SIZ Uses Perrritted ............................... ........................................................................................................... 89 Section 2 SIZ Lot Parcel Section 3 Outdoor llsplay and Section 4 Motor Vehicle Public street/road Part 40 UCS Uses Section 2 Siting Section 4 Section 5 Section 6 s - New Land Acce<; 89 89 89 Use<; ............................................................................ Small Urban Communities ( UCS) Zone.............................................................................. 90 Section 1 Section 3 nt Requirer= nts ..................................................................................................... Levelopr= Storage ........................................................................................................................... Pen:ritted......................................................................................................................................... Products 90 90 Provisions.............................................................................................................................................. 90 Manufacturing ...................................................................................................................... Fishel)' Outdoor llsplay and Storage ........................................................................................................................... 91 General Store and Service Centers - site plan approval................................................................................... 91 Hotels and site-plan approval................................................................................................................. 91 Inn<; 4 Part 41 Rural CBRM ( RCB) Zone ................................................................................................... 93 Section 1 RCB Uses Section 2 Outdoor llsplay and Pen:ritted ........................................................................................................................................ Section 3 Setback Provisions Section 4 Forestry Products Section 5 Convenience Stores Section 6 Section 7 Section 8 Section 9 Section 10 Part 42 95 Manufacturing..................................................................................................................... approval................................................................................. 95 Hotels and ~ tels - site plan approval ............................................................................................................ 95 nt depots .................................................................................................................................. 96 Heavy equipr= es .......................................................................... 96 Splitting, Chunking and Retailing/ooolesaling Forestry u<; Mning Products Manufacturing at a Construction Site ...................................................................................96 Provisions ooen developr= nt is serviced by CBRM sewer ............................................................................ 96 tanrants - site plan andre<; Rural CBRM ( RCB- NM) Zone ........................................................................................... 97 Section 1 RCB-NM Uses Section 2 Outdoor llsplay and Pen:ritted................................................................................................................................. Setback Provisions Section 4 Forestry Products Section 5 Convenience Stores Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 Part 43 97 98 Storage ........................................................................................................................... from dwellings .................................................................................................................. 98 Section 3 Section 6 93 94 Storage ........................................................................................................................... from dwellings .................................................................................................................. 94 98 Manufacturing..................................................................................................................... approval................................................................................. 99 Hotels and ~ tels - site plan approval ............................................................................................................ 99 nt depots .................................................................................................................................. 99 Heavy equipr= es ........................................................................ 100 Splitting, Chunking and Retailing/ooolesaling Forestry u<; Mning Products Manufacturing at a Construction Site ................................................................................ 100 Special Provision for Gand U1ke Road/Sydney Road................................................................................... 100 Provisions ooen developr= nt is serviced by CBRM sewer .......................................................................... 100 e of rmbile hOlIES for e in this 100 Prohibiting the u<; anyu<; Zone........................................................................ Rural Gravel tanrants - site plan andre<; Deposit ( GDR) Zone..................................................................................... 101 Section 1 GDR Uses Section 2 Outdoor llsplay and Section 3 Setback Provisions Section 4 Section 5 Forestry Products Residential Levelopr= nt Section 6 Convenience Stores 103 Section 7 Hotels and ~ 103 Section 8 nt depots ................................................................................................................................ 103 Heavy equipr= es ........................................................................ 104 Splitting, Chunking and Retailing/ooolesaling Forestry u<; Mning Products Manufacturing at a Construction Site .................................................................................104 Section 9 Section 10 Part 44 Section 1 Section 2 Part 45 Section 1 Part 46 Section 1 Section 2 Section 3 Section 4 Part47 Section 1 Section 2 Section 3 Section 4 Pen:ritted...................................................................................................................................... 101 102 Storage ......................................................................................................................... from dwellings ................................................................................................................ 102 102 Manufacturing................................................................................................................... ............................................................................................................................... 102 tanrants - site plan approval............................................................................... andre<; tels - site plan approval .......................................................................................................... Rural Residential Subdivision ( RRS) Zone ............................................................ ............105 RRS Uses Pen:ritted....................................................................................................................................... nt Fishery Equipr= Rural Country RCE Uses - lliITIllilt Storage Acce<; sory Use to 105 105 Dwelling............................................................... Estate ( RCE) Zone ..................................................................... ................106 Pen:ritted....................................................................................................................................... Louisbourg Highway Parkway LPl Use<; LPl Lot Parcel 106 1 ( LP1) Zone ............................................................. ........107 107 Perrritted........................................................................................................................................ 107 nt Requirer= nts .................................................................................................. Levelopr= Existing Undersized Lot Parcels in the LPl and LP2 Zones .......................................................................... 107 ted...........................................................................................................................107 Boundary not to be adju<; Louisbourg Highway Parkway LP2 Use<; LP2 Lot Parcel 2 ( LP2) 108 Zone.............................................................. ....... 108 Perrritted........................................................................................................................................ 108 nt Requirer= nts .................................................................................................. Levelopr= Existing Undersized Lot Parcels in the LPl and LP2 Zones .......................................................................... 108 ted...........................................................................................................................108 Boundary not to be adju<; 5 Part 48 Section 1 Rural General Store and Service ( GSS) Zone ..................................................................... 109 Section 2 Perrritted....................................................................................................................................... 109 Use<; Outdoor llsplay and Storage ......................................................................................................................... 109 Section 3 Land<; caping Provisions.......... ...................................................................... ..................................................109 Part 49 GSS Public Water Section 1 P\VS Uses Section 2 Lot Parcel Section 3 Section 4 Part 50 Section 1 Section 2 Part 51 Part 52 Section 1 Section 2 Supply Watershed ( PWS) Zone .................................................................... 110 Pen:ritted ............................... ....................................................................................................... 110 nt Requirer= nts for d~ llings .................................................................................... 110 Levelopr= s at PID# 15373996........................................... 110 Existing Salvage Yard and Motor Vehicle Towing Bu<; ine<; ted...........................................................................................................................111 Boundary not to be adju<; Mobile Home Park (MHP) Zone .......................................................................... .............. 112 MHP Pen:ritted............................... ....................................................................................................... Use<; Uses .............................................................................................................................................. Accessory Sales and Services Subject to Part 2, Policy 5 of the Municipal Planning Development Agreemen ts ................................................................................................. . Part 54 Existing developments...................................................................................................... . Section 1 Land Section 2 Existing Prior 224 Pitt Street 224AB Uses 224AB Lot Parcel Part 57 Section 1 Section 2 Part 58 to this Land Use 131 law.................................................................... By- Apartment Building (224AB) Section 2 Section 2 128 135 DeeUEd Pen:ritted......................................................................................................................... 135 Use<; u<; e<; DeeUEd not to be 136 Perrritted...................................................................................................... Section 1 Section 1 113 nts Subject to a Levelopr= nt Agreer= nt ..................................................................................... 128 Levelopr= nt Agreer= nts to Remain in Effect ............................................................................................... 128 Levelopr= Developments Part 56 112 Strategy............. Part 53 Part 55 112 Zone ..................................................... ........137 Pen:ritted.................................................................................................................................... Howie Center Self 137 nt Requirer= nts .............................................................................................. Levelopr= Storage Facility ( HCSS 137 Zone ............................................................... 138 Perrritted ..................................................................................................................................... 138 Use<; nt Requirer= nts ................................................................................................ HCSS Lot Parcel Levelopr= 138 HCSS Balls Creek Heavy Equipment Retail & Repair ( BHE) Zone ............................................ 139 BHE Perrritted ....................................................................................................................................... 139 Use<; BHE Lot Parcel Levelopr= nt Requirer= nts .................................................................................................. 139 The Florence - Bras D' Or Business District (FBZ) Zone .................................................. 141 Section 1 FEZ Section 2 nt Requirer= 142 Levelopr= nts................................................................................................... 142 Outdoor llsplay and Storage.......................................................................................................................... Section 3 Part 59 141 Perrritted........................................................................................................................................ Use<; FEZ Lot Parcel Service Business Development ( SBD) Zone ............................................................. .........143 Section 1 SBD Uses Section 2 Outdoor llsplay and Section 3 Land<; caping Provisions.......... ...................................................................... ..................................................143 e of rmbile hOlIES for e in this 143 Prohibiting the u<; anyu<; Zone........................................................................ Section 4 Part 60 Part 61 Section 1 Pen:ritted....................................................................................................................................... New Waterford Ambulance George Street North 143 Storage ......................................................................................................................... Depot ( NWA) 143 Zone ............................................................ ...144 Sydney Apartment Building ( GSN) 146 Zone.......................................... Section 2 Perrritted ............................... ....................................................................................................... 146 Use<; nt Requirer= nts ................................................................................................. GSN Lot Parcel Levelopr= 146 Section 3 nt Perrrit PreLevelopr= requisites................................................................................................................ GSN 6 146 Part 62 Emerald Street Market (ESM) Zone .................................................................... ..............147 Section 1 Pen:ritted ............................... ....................................................................................................... Use<; Outdoor llsplay and Storage ......................................................................................................................... ESM Section 2 147 147 Section 4 Land<; caping Provisions.......... ...................................................................... ..................................................147 Mtin Building Siting Requirer= nts............................................................................................................... 147 Section 5 Prohibiting the Section 3 Part 63 Lake Uist Section 1 LUI-I Section 2 Hydro-electric Power e in this anyu<; 147 Zone........................................................................ Zone ............................................................. 148 Generating ( LUH) Perrritted ...................................................................................................................................... 148 Use<; 148 poV\er generating plant........................................................................................................... New Aberdeen Townhouse Section 1 Complex ( NAT) Zone ....................................................... 149 NAT Perrritted........................................................................................................................................ 149 Use<; NAT Lot Parcel Levelopr= nt and Building ade Requirer= 149 Section 2 Fru,; Part 65 Membertou Part 66 Green Link Trail Part 67 rmbile hOlIES for Penstock................................... .......................................................... ................................................... ......... 148 Section 3 Part 64 Hydro u<; e of Shipyard Business ( MSB) System nts................................................................. 150 Zone............................................................... ....... Recreation ( GLT) Zone ....................................................... ......152 1370 Victoria Road ( 13 70VR) Zone ................................................................... .................153 Section 1 Section 2 Pen:ritted................................................................................................................................. 1370VR Use<; nt Requirer= nts ............................................................................................ 1370VR Lot Parcel Levelopr= Section 3 Prohibiting the Part 68 Prendergast Section 1 rmbile hOlIES for e in this anyu<; 153 154 Zone........................................................................ lane Business Zone ( PLB) Zone ........................................................... .........155 PLB Perrritted....................................................................................................................................... 155 Use<; PLB Lot Parcel Levelopr= nt Requirer= nts.................................................................................................. 155 Section 2 Part 69 u<; e of 153 34 Gritton Ave. Apartment Building (34G) Zone ................................................................ 156 Apartment Building (RAB) Part 70 Railroad Street Part 71 Fatima Glebe Lands Townhouse ( FGT) Part 72 Frederick Street Business ( FSB) Zone ............................................................................... 160 Part 73 Harbourstone Residential Care ( HRC)Zone .................................................................... 161 Part 74 MacLeod Part 75 Definitions.....................................................................................................................163 .... . Schedule " A" King Townhouse ( MKT) Levell and 2 public Zone ....................................................... .......157 158 Zone............................................................. ...... Zone......................................................................... . 162 182 roads........................................................................ .. streets / 7 PART 1 INTRODUCTION AND ADMINISTRATION Section 1 This TItle and Enforcement By-law achrinistered shall be called the Ca~ by the Thve10prrent Regional Mmicipality Land Use By-law and shall be appointed by the Council of the Cape Breton Regional Breton Officer Mmicipality. Section 2 a. b. Scope building or structure shall hereafter be erected. altered. placed. or replaced. nor the use of any building, structure or land be changed. unless a Thve10prrent Permit has been issued. and no Thve10prrent Permit shall be issued unless all the provisions of this By-law are corrplied with Any person WlO violates a provision of this By-law shall be subject to prosecution as provided for in the Mmicipli GovernnEnt Act of Nova Scotia. No Section 3 Elfective Utte of this By-law By-law is the elate the 1st notice of Council' s intent to conduct the public hearing Mmicipli Planning Strategy and this Land Use By-law was published in the Breton Post ( i. e. l\ I lly 2cJh, 2CX)4).This By-law replaces all Land Use By-laws adopted by the eight Cape forrrTI"nunicipalities of Cape Breton County Wllch ere \\ in effect up to the date the Minister of Service Nova Scotia and Mmicipli Relations approved this clocurrent. Ihe effective elate of this to consider Section 4 a. adopting the IkvelopllHlt Pennt Application RequirenHlts Every application for a Thve10prrent Permit scale and showing the following: shall be accorrpanied by plans, crrawn to an appropriate the true infllSions of the lot:parcel to be used, and upon Wllch it is proposed to erect any shape and cI. building or structure; the proposed location,height and cl. inEnsions of the building, structure, or work in respect of Wllch the p: is for; nnit applied the location of every building or structure already erected on or pntly on such lot parcel, and the location of every building upon abutting lots ~ such buildings are within 6 feet of the comrmn bonnclary; the proposed location and cl. inEnsions of parking spaces, loading spaces, chiveways, and landscaped areas; and other such infomntion every such Thve10prrent Officer deem>necessary to determine ~ building, deve1oprrent, use of land,reconstruction, or recleve10prrent as the ther or not with this confOllll') Bylaw. b. Where the Thve10prrent Officer is unable to determine ~ ther the proposed deve10prrent confOllll') to this Bylaw and other bylaws and regulations in force Wllch affect the proposed deve1oprrent, the Thve10prrent Officer rmy require that the plans submitted nnder " a" above be based upon a current survey by a Nova Scotia Land Surveyor. 1 Section 5 Zone Acronym;; The used on the Cape Breton Regional Municipality Land Use By-law :Map refer to the acronym;; appropriate zones in effect in this By-law pursuant to policy clirection in the Municipal PLanning Strategy. Section 6 Interpretation of Zone Boundaries The extent and bonndaries of all Map. a. zones in effect in this Bonndaries bemeen zones shall be Where a zone interpreted as By-law are illustrated on the Land Use By-law follows: bonnclary is indicated as approxirmte1y following lot parcel bonndaries, the bonnclary shall follow such lot parcel bonndaries. b. Where a zone bonnclary c. bonnclary is indicated as following a public street/road or a railway zones the in this no~ area exceed 25 ft. in affected by the 1O,CXX) sq. ft. in a rural d right-ofway. By-law have a provision ~ by the zone bonnclary rmy be acljusted for purposes of issuing a Thve10prrent Permit (e.g. the CBD Zone). Other Zone boundaries are intended to be static (e.g. the PWS Zone). Still other zones have setback provisions reflected in the Zone bonnclary that also should not be changed unless there is better evidence that the Zone bonnclary does not: e a accurately reflect the setback (e.g. the I' CH Zone). If there are no such provisions in a zone, ~ lot parcel is divided by a zone bonnclary in Wllch different uses are permitted.the use regulations of the total lot parcel area is located rmy apply to the applicable to the zone in Wllch nnre than 50% entire lot:parcel and the zone bonnclary rmy be assurn:xl to be relocated accordingly, provided that: the greatest distance from the existing bonnclary shown on the Land Use Bylaw Mlp to such relocated bonnclary, ~ ured perpendicular to the zone bonnclary on the Land Use By1aw:Map, SanE does c. right-ofway, the shall be the center line of such public street/road and the track of the railway an urban area. and 100 ft. in bonnclary acljustrrent a rural area; and does not exceed 2,CXX)sq. ft. in an urban area and other shall apply area. Whenever the use regulations are so to the area of land affected c. by applied. all regulations of such expanded zone above. bonnclary is indicated as encorrpassing a particular deve10prrent within a large parcel bonnclary shall encorrpass the deve1oprrent. Where a zone bonnclary is indicated as approxirmte1y following the bonnclary of the Cape Breton Regional Municipality, the bonnclary shall be this Regional Municipality' s bonnclary. Where none of these above provisions apply, and ~ appropriate, the zone bonnclary shall be scaled from the Land Use By1aw:Map. Where a zone of land.the e. f. Section 7 Interpretation of Certain Worffi In this Bylaw, words used in the present tense include future, words in the singular nurrber include the plural, words in the plural include the singular nurrber, and the word "used" includes " arranged", designed or intended to be used", the word "shall" is mmclatory and not permissive. Section 8 a. IMemInation of Pemitted Uses ( For the purposes of this Bylaw, if a proposed listed as a permitted use in any zone; use propo;;ed and existing) is not: permitted throughout the jurisdiction of this By-law pursuant to a pertinent General Provisions Part; section nncler its or permitted as an optional use to an existing use in Parts 51, Section 2 of Part 52, Part 53, and Part 54. it shall be l cIeem:x: to be a prohibited use. 2 b. For the prnposes of this Bylaw, if an existing use is not: listed as a permitted use in any zone; permitted throughout the jurisdiction of this By-law pursuant to a pertinent General Provisions Part; section nncler its or highlighted on the Land Use By- 1aw:Map and listed in Parts 51, Section 2 of Part 52, Part 53, and Part 54. it shall re l cIeem:x: to re Section 9 a. a prohibited use, Wllch rmy either re illegal liance with other By-la~ CoD1> or non-confor ning. and Regulations Nothing in this Bylaw shall exerrpt any person from corrp1ying with the Building Bylaw, or from obtaining any license, permission. permit, authority or approval required by any other Bylaw or regulation in effect in this Mmicipility. b. Where the provisions in this Bylaw conflict with those of any requirerrents, the higher or nnre stringent regulations shall prevail. Section 10 other nunicipal or provincial IkvelopllHlt Pennt Duration Ihe prnpose for Wllch a Thveloprrent Permit was issued nust re comrrenced within two years from the date of issuance, after Wllch tinE the Permit is cleem:x:expired. l Section 11 There is IkvelopllHlt Pennt Fee application fee for all Thveloprrent Permits, except for projects of the CBRM. I' bis shall re in effect for all c1eveloprrents requiring a Thveloprrent Permit in with this Uilld Use corrpliance By-law. a $20.00 fee, Wllch is non-refundable, Section 12 Digital Site Plaffl from Ikvelopers Ihe submission of a digital copy of the site plan shall re a pre-requisite to the issuance of a Thveloprrent Permit for the land uses listed at the end of this provision in all zones. ' Ihe prnpose of this pre-requisite is to include this electronic data into the CBRM's GIS. ' Ihe accepted Forrmt could re in either .dwg or .dxf 'Iheprqjection\clattrrnshould re UIMZ20\NAD83 CSRS98Thtmn AutoCadMap2CXX)corrpatib1e). superrmrkets building supply cIealerships clepntrnnt stores all other sales, mmufactming, transportation & storage buildings or shopping nnlls with a floor area greater than 2O,CXX)sq. ft. restaurants with a chive-through service corrp1ex with a floor corrponent; and area greater than 5O,CXX)sq. ft. 3 PART 2 Section 1 GENERAL PROVISIONS FOR ALL ZONES Accessory Buil~ Accessory uses and buildings shall be permitted in any Zone within the jurisdiction of this Bylaw. MJre than one accessory building shall be permitted per lot parcel. HO\\ ever, any building accessory a. to a residential use: 1. shall not:also rnxt the definition of 2. shall be in corrpliance with the 3. shall not:be d\\ elling unit; mininumrequired nnin building setback from a public street/road; originally a nntor vehicle, a nnbile hOnE, a construction trailer, or a trailer froma semi-trailer ( a.ka. 18-~ ler) converted for such purposes; building to a residential 4. the total 5. of the lot:parcel area. except for sq. ft. in total area or 10% the total area of an accessory building attached to a d\\ elling area of a detached accessory imm:x: provision Iiately above, a shall not exceed the greater of 576 swimming pool; and use shall also be in corrpliance with the any floor space in a storey above the garage that is considered an essential corrponent of a d\\ elling unit (i.e. bathroom, bech-oom,kitchen.living room, room) with direct access to the d\\ elling shall be considered part of the d\\ elling for purposes dining hO\\ ever of this Section and the Section of this Part used to calculate ITEXinum10t Section titled ''Lot Parcel Thveloprrent Requiremnts". b. For the prnposes of this section, a service lane shall not:be considered c. ' d parcel coverage ( i.e. the a public street/road. Ihe mininum setback a detached or attached accessory building shall nnintain from any lot parcel bonnclary, other than a bonnclary shared with a public street/road,is 2 feet, except if the floor area of the accessory building exceeds 1, CXX)sq. ft., or its height exceeds 12 feet, in Wllch case it shall be in corrpliance with the setbacks for the nnin building. Notwithstanding anything else in this Bylaw, detached accessory buildings with a floor area of 100 sq. ft. or less, chup awnings, clothes poles, flag poles, garden trellises, signs, fences and retaining wallsushall be exerrpted from any requirerrents of this Section and the requiremnt for a Thveloprrent Permit. Section 2 Acces ory uses Uses Accessory and buildings shall be permit ed of accessory use and any specific 3 Acquisit on in any zone in this By- law in corrpliance with provisions in each zone regulating accessory uses.Section the definition of Property by Mmicipality Notwithstanding anything else in this Bylaw, a parcel of land Wllch does not rnxt the lot parcel public street/ roadfrontage ancVor area requirerrents of this bylaw, but Wllch is to be conveyed to the Mmicipality for the prnpose of providing a nunicipal service such as se\\ cr,water or recreational, rmy be approved for sulxlivision, provided the reITEining parcels satisfy the lot parcel size requirerrents for the zone in Wllch they are located. Section 4 Building to be Erected on a Lot Parcel All buildings shall be erected within the bonnclaries of a single lot parcel with the exception of minor utility buildings and buildings specifically identified in the Lot Parcel Thveloprrent Requirerrents Section of this Part 4 Section 5 Confonrity Wth Existing Public Street/road Setbacks existing buildings on acljacent lot parcels, the mininum setback from a public street/ road boundary of this By-law rmy be waived to allow the proposed building to be constructed with a setback equal to the average setback of the acljacent buildings, but this setback shall not be less than 3 feet and need be no greater than the applicable setback of this By-law or When a building is to be constructed bemeen other the Zone in effect. Section 6 a. ' Conversion of fonrer COIDlI.lIlity Ihe conversion of a fOlTIfi"comrrunity uses listed below by site Act) shall be or or educational service buildings educational service plan approval (pursuant to Sections 231 permitted in any zone ~ e the uses t: heJn;;elves building into any corrbination of the and 232 of the M. micipal are GoVerru:reIlt not included in the list of uses permitted. apartrnnt buildings artist/artisan establishnEnt entertaimn:nt studio arts/ business hall business office clothes cleaning business clay care facility funeral hOnE hotel indoor recreational business establishm:nt nclca1 clinic nursing hOnE personal service business reparr servlce scientific establishm:nt tourist infornntion center b. Ihe ' following nntters have been aclch-essed. stringency in interpreting the criteria so that it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, parking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetscape intended to be protected by the criteria Ihe Thveloprrent Thveloprrent Ihe parking detached Officer shall approve a site plan ~ ure the degree of Officer shall ~ area and d\\ ellings utility the structures shall be screened from a to soften their starkness by a public street/road and any corrbination of vegetation and fencing. All existing significant vegetation shall be retained except ~ developrrent. the business shall be of a scale and style Signs advertising single its rennval is necessary for the construction of the and so located that they will not conflict with the streetscape. c. To facilitate the inclusion of additions demmded by other regulations by-laws, ancVor design of interpreting this Section. the or irrprovem:nts vohmteered by the conversion proponent, for prnposes construction work involved in the conversion rmy include an acldition no greater than 5% of the floor area of the building. 5 Section 7 Encroaclnnnts Pemitted from Required Setbacks The structures listed in the following table shall be of the particular exerrpted fromcorrpliance with the building setback the structure is located in.provided the projecting structure does not: requirerrents project beyond the lot prrce1 bonnclary. Sills, belt cornices, Any setback courses, eaves, chinne zone 1.5 feet gutters, asters s, . From public street/road and lot Window bays bonnclary 1.5 feet parcel furthest from public street/road An Om * Fire escapes/exterior staircases Balconies setback No limit All setbacks except from public street/road * From public street/road and lot bonnclary 3 feet prrce1 furthest from public street/road only for semi-detached 1.5 feet single detached. and duplex d\\ e1lings; any setback for other residential buil . cpen.roofed porches exceeding one storey in height; nncovered not From public street/road and lot prrce1 bonnclary furthest from public street/road only 1.5 feet including eaves and corrnces terraces Refer to the Section of this Part titled "Fire escapes and exterior staircases" Section 8 a. Existing ApartnInt buil~ Any existing apartrnnt building not within a zone that: lists apartrnnt buildings as a permitted use; or permits apartrnnt buildings with the nurrber of units of the existing apartrnnt building; or elling unit lfl" lot prrce1 area density of the existing permits apartrnnt buildings at the d\\ apartrnnt building; is cIeerred to be a permitted use up to a ITEXinum of the existing: nurrber of d\\ elling units within it, ancVor d\\ elling unit lfl" lot:prrce1 area density. Existing as it is used in this Section nrans as the structure is illustrated and the use defined in the land use c1ata of the CBRM's GIS in the electronic file copied at the tinE the Land Use By-law originally carre into effect. If the apartrnnt building was vacant but the fOlTIfi"use is identified.the fOlTIfi"use shall be cIeerred the existing use for the purposes of determining alternate uses that rmy be permitted. b. Any sulxlivision shall be permitted that divides the site of an apartrnnt building corrp1ex into an equal nurrber of lot:prrce1s as apartrrent buildings and each apartrnnt building is to be encorrpassed within a lot prrce1, provided: each building and lot prrce1 is provided with a lateral to the CBRM water and se\\ er nnins and the prrking lot for each building and lot prrce1 is accessible to the public street/rmd without the need for easerrEnts; and 6 each building is provided with the nurrber of prrking spaces required to corrp1y with the provisions of this By-law and an equal annnnt of lot prrce1 area in accordance with the direct correlation of apartrrent units and total lot prrce1 area of the original prrce1; or each building has enough frontage along a public street/road to develop a chiveway access, and enough lot prrce1 area to develop the required prrking spaces and arrenity area to service each building. c. elling unit density to create lot prrce1s exclusively encorrpassing each Any expansion of the d\\ elling or two unit apntrnnt building and creating new vacant lot prrce1s for single detached d\\ developrrent is permitted in corrpliance with the provisions of the Zone in effect and any other pertinent provisions of this By-law, provided the density of any lot prrce1s exclusivelyencorrpassing each apartrrent building does not exceed the ITEXinumdensity threshold of: the ABB Zone on prrce1s within a 0.5 kilonEter radius of any CBD Zone; and the ABXZone for any other prrce1s. d elling unit density to create lot prrce1s exclusively encorrpassing each Any expansion of the d\\ and apntrnnt building creating new vacant lots for ackIitional apntrnnt building developrrent is in permitted corrpliance with the Site PLan Approval criteria listed in sub-section " e" below provided the lot prrce1 density with the expansion dces not exceed the ITEXimumdensity threshold of the: ABB Zone on prrce1s within a 0.5 kilonEter radius of any CBD Zone; ABXZone for any other prrce1s. The Thveloprrent Officer shall nrasure the degree of stringency in interpreting the criteria so that it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, prrking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetscape intended to be protected by the criteria e. ' The Thveloprrent 1. ' The prrking detached 2. Officer shall approve area and d\\ ellings utility a site plan ~ e the following rmtters have been ackh-essed. structures shall be screened from a to soften their starkness by a public street/road and any single corrbination of vegetation and fencing. All its rennval is necessary for the existing significant vegetation shall be retained except ~ developrrent. l\ Ih1sures, including lot prrce1 grading, shall be required to adequately dispose of storm and construction of the 3. surface water. 4. equivalent to 113m of the floor area of the building shall be in corrpliance with the the landscaped open area. That percentage rmy be reduced to as low as 1/ 10th ~ is satisfied with the of a Horticultural Technician or Officer Certified Thveloprrent design A mininum definition for Architect. 5. For new construction and ackIitions, the setbacks shall either nret the setback requirerrent of 20 ft. or be screened (as defined in this Bylaw) fromacljacent lot prrce1 bonnclaries to soften the building ~ developrrent on the acljacent lot warrants protection e.g. residential c1eveloprrent with an attractive fa~ cIe, or a mmaged landscaped yard,or a business developrrent that uses either an attractive f~ de e.g. professional office or a mmaged landscaped yard to pronnte their establisllnEnt e.g. bed and breakfast establisllnEnt. For existing buildings proposed to be converted because of a change in use and developrrent on the acljacent lot prrce1 warrants protection for the reasons given above, only the setback is waived. Any new buildings of a significantly larger scale ( i.e. either higher or greater floor area) than d\\ ellings on an acljacent lot prrce1 shall be so located on the lot prrce1 to lessen the irrpact on d\\ ellings on an acljacent lot prrcel. the prrking area is to be accessed from any public/street/road shall Ingress and egress points ~ be designed to ensure that any known significant traffic prob1emiclentified by the Traffic Authority is not further exacerrnted. starkness of the 6. 7. e the 7 f. \\ breach this density threshold shall only be by zoning arrenclrrent Proposed expmsions that Quld pursuant to Policy 1.d9 of Part 4 of the Mmicipal Planning Strategy. Section 9 and Non-coD1> liance with Lot Parcel IkvelopllHlt Existing Buil~ and Reconstruction RequirenHlts - Repairs m: rin building has been erected Where a having less than the mininum: on or before the effective elate of this Bylaw on a lot parcel frontage; ancVor setrnckfromany lot parcel bonnclary or waterbody; ancVor having less than the mininum10t parcel area; required by this Bylaw, the building rmy be: enlarged; reconstructed; repaired; or renovated; provided that: the enlargerrent, reconstruction. repair or renovation does that does not conform to this Bylaw; all other provisions of this Bylaw are nEt. Section 10 Ulless there is not:fmther reduce the building setrnck and Non-coD1> liance with Lot Parcel IkvelopllHlt Existing Buil~ Use RequirenHlts - Oumge of a sp:rific section in the text of a conversions and new construction. the e of a u<; regulating public street/road frontages for building erected on or before the effective elate of this Byzone law on a lot:parcel having less than the mininum: public street/road frontage; ancVor setrnckfromany lot parcel bonnclary or waterbody; ancVor lot parcel area; required by this Bylaw rmy be changed to a use listed as permitted other requirem:nts of this By-law are satisfied. Section 11 bile Existing M : > in the zone in effect, provided HonEs bile honES are not a permitted use in every zone. HO\\ ever, in any zone ~ they are not listed as permitted use, existing nnbile hOnES rmy be enlarged or replaced.even with a larger nnbile hOnE, provided it is on the sarre lot parcel as the one to be replaced. Section 12 a Existing Undersized Lot Parcels The ''Lot Parcel are no all Thvelopn:Ent RequirellEnts" Section of this General Provision Part states there minimum lot parcel area or size requirellEnts unless a specific zone irrposes such a By-law do not. In the Zones that do, unless there is a waiver irrposes a minimum lot parcel area and size requirellEnt, there is no such waiver in effect for nndersized lot parcels that existed before this By-law can:E minimum ~ t Zones in this provision in the text of the Zone that into effect. 8 Section 13 No Fences Thve10prrent Permit is required to erect a fence as there are no provisions in this By-law regulating fences. Section 14 Fire Escapes and Exterior Staircases Fire escapes and exterior staircases attached to any exterior wall of a building shall be prohibited unless: facing a public street/road they are a mininum of 100 ft. from the bonnclary of the public street/road; or they are screened ( as defined by this By-law) from the perspective of a pedestrian walking along a sidewalk:or the shoulder of the public street/road closest to the bonnclary shared with the lot parcel occupied by the building Wllch the fire escape or exterior staircase is attached. If a fence is used it can only be used as part of the screen; i.e. it shall not:be higher than 6 ft. Section 15 a. ' FIShery EquipllHlt - Donmnt Storage The clorrmnt storage of fishery equiprrent shall be permitted in all zones within 1, CXX) feet of a designated harbour shoreline by site plan approval. 'The Thve10prrent Officer shall approve a site plan the following rmtters have been addressed. fishery equiprrent shall be screened from a residential property or accomrrrxlations business to soften the starkness by a corrbination of vegetation and fencing. The vo1llIre of storage nust be minimized and its location on the lot parcel nust be carefully selected to prevent the storage area from looming over acljacent residential properties. The b. 'The clorrmnt storage of fishery equiprrent shall be permitted in all zones within 1, CXX) feet of the shoreline of the Atlantic Q: ean in corrpliance with the following provisions. The proposed site shall be located within a lot parcel with a mininum area of The storage Section 16 a. area shall be a mininum of 100 feet from a 1 acre. d\\ elling. Frontage on a Public street/road Excepting the land uses identified in sub-section " b" of this Section. no Thve10prrent Permit shall issued unless the lot parcel or parcel of land intended to be used, or upon Wllch the building be or structure is to be erected: abuts and fronts upon public street/road owned by the Province of Nova Scotia or the Ca~ Mmicipality; and m: rintained either the Provincial Thpartrrent of Transportation and fufrastructure Renewal or by this Mmicipality' s Thpartrrent of Engineering and Public Works; and is in corrpliance with the pertinent vehicular traffic accessibility requirerrents of these agencies intended to ensure the safety of traffic traversing the public streets/roads at the chiveway intersection with the public street/road. a Breton Regional b. Exceptions to Sub-section ''3''of this Section shall only be the following: 1. the rep1acerrent or addition to a building Wllch existed on,or before, the effective elate of this By-law that was either: constructed prior to any Zoning By-law or Land Use By-law coming into effect; or was constructed in corrpliance with a previous Zoning or Land Use By-law; or 2. in a zone with the word rural in its title, a Thve10prrent Permit for a single detached d\\ elling, 1 twounit d\\ elling, land use, or any including accessory buildings, any prinmy industry recreational use permitted in the Zone the lot parcel is located in, in corrpliance with all other provisions of this By-law rmy be issued on a lot:parcel: 9 existing before April expressly granted 16, 1987 Wllch has to a public street/ road by ~ of: an proof from a solicitor licensed to practice in Nova Scotia that the applicant has a perrmnent right-ofway to a public street/road. except over property owned by a railway in Wllch case no proof of permission is required; or Wllch fronts along a private road approved in a plan of sulxlivision; or in a rural zone created in a plan of sulxlivision approved in corrpliance with the Section of the Sulxlivision By-law Wllch allows for the altering of bonnclaries of an existing landlocked parcel of land with an expressly granted right-ofway or easenEnt or proof from a solicitor licensed to practice in Nova Scotia that the applicant has a perrmnent right -ofway to a public street/road.except over property owned by a railway in Wllch case no proof of permission is required; or; a lot parcel in a rural zone approved by the Thveloprrent Officer in accorclance with the Sulxlivision By-law for this Mmicipality to approve the creation of a ITEXinum of one lot parcel that does not rnxt the frontage requirem:nts of the Land Use By-law because it is right-ofway or access easerrent or either: o severed by a railway with or without a private crossing agreem:nt from the owner of the railway; ancVor o it is so far from a public street/road (as determined in the Sulxlivision By-law) that an extension of the public street/ road to service the lot 3. 4. 5. ' 6. ' 7. parcel is irrpractica1; o or a lot parcel created pursuant to the waiver provision for extrerre1y large lot parcels in Section 268 ( 2) of the Mmicipal Governmnt Act of an easem:nt granted by cIeed. provided in all cases the lot parcel is accessible by ~ filed in the Registry of Iffds from the lot parcel to the public street/ road with the exception of the railway right-ofway. a Thveloprrent Permit for business developrrents ancillary to a residential resort corrp1ex served by a central piped sanitary se\\cr system and a private road constructed to the standards for public streets/ roads in the CB~ for a 6 nEter Sulxlivision By-law in accordance with the sp:rifications strip of asphalt; or a developrrent permit rmy also be issued on a lot:parcel to be serviced by a Mmicipal se\\ cr m:rin.Wllch only fronts along a private road nnintained by the Mmicipality for Wllch confirrmtion is received from the Engineering Thpartrrent of the Mmicipality; or Ihe site of any existing recreational, sales, service, mmufactming, or transportation use that does not have frontage on a public street/ road ~ the building site is separated from another lot parcel held in the sarre ownership fronting the public street/road because: a railway right-of-way severs the two parcels; ancVor land owned by the Traffic Authority, but not considered part of the public street/road right -ofway, separates the privately owned lands from the public street/road right-ofway. Ihe erection of a utility scale wind turbine or a utility transmission facility provided the lot:parcel is accessible from a public street/road by ~ of an easerrent granted by deed. Lot parcels with frontage on a navigable waterway provided: access can only be attained by ~ of a navigable waterway; the lot parcel has a mininum of 20 ft. of shoreline frontage ~ ured lflPeIldicular to the side lot line at the shoreline; the off-street parking spaces required in corrpliance with this By-law are located in a parking area within 1,(XX)ft. of the navigable waterway on Wllch the lot:parcel abuts; and 8. 9. there exists access of 50 ft. in width to the parking area from a public Street or Highway or a e there exists suitable boat private Road and from the parking area to the shoreline ~ facilities. 1annching business developrrents on lot parcels within the MSB Zone serviced by streets owned and nnintained by the l\ Ier bertou Reserve as stipulated in the MSB Zone. Lot parcels serviced by streets and roads owned by the CB~ listed in Schedule B of the elling, unit Sulxlivision Bylaw for Wllch a Thveloprrent Permit for a single detached d\\ I twoincluding accessory buildings, or any recreational use permitted in the Zone the lot parcel is located in. 10 Section 17 Ihe service unit in all building Hotre Businesses uses listed in sub-section " a" below are zones ~ accessory to a as hOnE businesses accessory to p: nnitted the type of business is not: a p: nnin use. ' Ihe use of a d\\ elling nnitted d\\ elling unit, for the prnpose of conducting one or nnre of the service in sub-section " a" below, shall be p: nnitted a. a d\\ elling unit, uses or a listed in corrpliance with the criteria listed in sub-section "b". list ofPemitted Home Businesses aninnl (done> tic) grooming artist/artisan establishnEnt bed & breakfast accomrrrxlations boarding hOnES business offices catering business food processing cottage industry personal service business reparr servlce b. list of Criteria 1. ' Ihe d\\ elling unit is occupied as a residence by the owner of the business and the external elling unit is not changed by the hOnE business. appearance of the d\\ Other than the owner of the business, there shall not be nnre than 1 assistant 2. errp10yed in the business. Ulless the business is 3. of the floor 4. area of the a bed & breakfast accomrrrxlation d\\ elling or boarding hOnE, not nnre than 25% unit shall be devoted to the business. parking requiremnts are listed specifically for the type of use in the Section of this Part elling Requirerrents" one on-site parking space, other than that required for the d\\ unit, is provided for every 2CX)sq. ft. of floor splce occupied by the business. Ihere shall be no advertising other than a business identification plate or sign Wllch has a ITEXinum sign area of 5 sq. ft. No rnxhanica1 equiprrent is used except that reasonably consistent with the business use. No open storage, outdoor display, or outdoor activity associated with the business shall be p: nnitted. Ihe follo\W1g retail sales are p: nnitted: Ulless titled " Parking 5. ' 6. 7. 8. ' llTI" chandize 9. ' 10. Section 18 In the used in the business as an accessory use; goods fabricated in an artist/artisan establishnEnt; goods repaired in a repair service. Ihe hOnE business rmy be operated from within an accessory building, but the general e in this Part shall apply. provisions for accessory buildings found e1se~ A catering business operated as a hOnE business will require a license from the Province of Nova Establishm:nts Regulations. Scotia in corrpliance with its Eating Irregular, or Flag-shaped Lot Parcels flag, shaped lot parcels , the mininum lot parcel public street/road frontages apply at the exterior wall of the nnin building closest to the public r oad street/ bonnclary, provided that: a. all lot parcels shall have a mininum of width and a mininum1ength of at least 20 feet (6. 1 nEtres); b. Any additional lot: parcel bonnclaries other than the public street/ road bonnclary and the rear lot shall be cIeerred a side lot line and the setbacks parcel bonnclary required from side lot: lines shall and prevail; c. all other applicable provisions in this By-law are satisfied. case of irregular, set out in this or By-law shall 11 Section 19 Lot Parcel DeVelopllHlt RequirenHlts Ulless there is a sp:rific provision for a land use in the text of a particular zone, the mininum10t parcel c1eve1oprrent requirerrents in all zones shall be as follows: For all lot parcels: serviced by both a water nnin and a serviced by only a water nnin; or serviced b neither MiniIllJIIllot parcel water nnin or sani a se\\ cr se\\ cr nnin; or nnin (i.e. on-site services nust be ovicled) NIL area MiniIllJIIllot parcel For the purposes sanitary street/road 20 feet public frontage Cif this section, a service lane shall not be con"idered a public street/road MiniIllJIIl setback from any public street/road or private road boundary developments through lot parcel shall only be obliged to comply with the minimwn 10ft. building setbackfrom one Cif the two public streets/ road" it abuts provided the yard where the setback provision is waivedfronts along a Level 5 public street/road in the CBRM hierarchy and no public access to the building is availablefrom the side Cif the building In such circwmtances the setback may be reduced to 3 street/road facing the Level 5 public ft. Business 10 feet on a MiniIllJIIl setback from an MaxiIllJIIllot other lot cel bo * parcel coverage for single detached 4 feet and d\\ ellings t\\ O unit 1/ d\\ ellings ** 3rd the lot parcel area For all lot parcels serviced by MiniIllJIIllot parcel MiniIllJIIllot parcel For the purposes only a sanitary se\\ cr nnin 10,000 sq. ft. area public street/road 75 feet frontage Cif this section, a service lane shall not be con"idered a public MiniIllJIIl setback from any public street/ road or private road boundary Business developments on a through lot parcel shall only be obliged to street/ road 10 feet with the comply 10ft. building setbackfrom one Cif the two public streets/ road" it abuts provided the yard where the setback provision is waivedfronts along a Level 5 public street/road in the CBRM hierarchy and no public access to the building is availablefrom the side Cif the building In such circwmtances the setback may be reduced to 3 street/road facing the Level 5 public ft. MiniIllJIIl setback from any other lot parcel boundary * MaxiIllJIIllot parcel coverage for single detached d\\ and t\\ ellings O unit d\\ ellings ** minimwn 4 feet 1/ 3rd the lot parcel area a semi detached d\\ elling, townhouse, apartrnnts, health care or comrrunity services buildings, there is either: yard setback is waived ~ a comrrnn wall cormecting the sarre type of land use; or a pedway connecting two buildings; if the property boundary is either along the comrrnn wall or through the pedway, provided all other provisions of this Bylaw and the provisions of the Provincial Building 0xIe are nEt. For the The following parts coverage: the 1st floor of the of the d\\ elling d\\ elling shall be included in the calculation of the ITEXinum lot interior and enclosing walls ( excluding any portion of the parcel that d\\ elling is corrp1ete1y nnclergronnd) chinneys verandas exceeding 2.5 tine> the width of the door ~ exterior ning or door openings over Wllch they located 12 are Section 20 Lot parcel preparation storage sh~ A Thve10prrent Permit rmy be issued for a lot parcel preparation storage shed with a ITEXinumfloor area of 300 sq. ft. on a vacant lot:parcel in the RCB, RRS, RCE, GDR PWS, LP1, lP2 Zones ( i.e. zones in effect in rural CBRM). Section 21 Mne Water Treatment Plants Notwithstanding the lists of permitted uses in the various be issued in any zone for mine water treatrrent facilities they are operated by the Federal Gov~ zones of this Bylaw, a Thve10prrent Permit rmy provided: nt or a Federal Gov~ nt Gown OJrporation to treat mine water from the fOlTIfi"coal collieries; the site is in proximity to a coal colliery mine shaft; the site is chosen by the responsible Federal Gov~ nt agency after a public consultation process Wllch engaged: the facility is to be established and.nnre specifically, the surronnding comrrunity ~ Wllch included neighbourhood; involving CBRM.including a presentation before CBRM Cbnnci1. the Section 22 : M> tor Vehicle Fuel Service - Where nntor vehicle service stations Ihe mininum10t parcel are Special Lot Parcel IkvelopllHlt Requirements permitted.the following special provisions public street/road frontage = shall apply: 150 ft. No portion of any prnrp island shall be located closer than 20 ft. from any public street/road bonnclary. Ihe mininum distance bemeen rarrps Ihe mininum distance from a rarrp Ihe mininum angle of intersection or chiveways shall not be less than 30 ft. chiveway to a public street/road intersection shall be 50 ft. of a rarrp to a public street/road bonnclary shall be forty-five or (45) degrees. Ihe width of a rarrp shall be No portion bonnclary. Section 23 of a canopy a mininum of 20 ft. and a ITEXinum of 26 ft. covering a prnrp island shall be closer than 3 ft. from any public street/road MIltiple Uses Where any land or building is used for nnre than one purpose, all provisions of this Bylaw relating to each use shal1 be satisfied. For prnposes of calculating mininum public street/ road frontage, lot parcel area. and setbacks, the higher or nnre stringent standard shall prevail. All other provisions shall be aggregated. Section 24 Ihe Non-confomIng Structures non-confor ning structures Thve10prrent Officer is authorized to issue deve10prrent permits for the of the nt Act this Gov~ ancVor satisfy pertinent provisions Mmicipli Bylaw. Wllch Section 25 a. Nursing HonEs are permitted New nursing hone> throughout all zones in the jrnisdiction of this By-law, except the PWS Zone, in corrpliance with the following provisions. Expansion of nursing honES Wllch existed 13 prior to the coming into effect of this By-law shall be suQject to Part 54 of this By-law titled "Existing Thve1oprrents" with one exception; i.e. the nursing hOnE on Kenwood Dive in Sydney River known as Harbourstone Enhanced Care Facility is subject to the Harbourstone Residential Care ( HRC)Zone. Tier A Nursing hOnES p: nnitted throughout the following effect for any other use p: in that Zone. nnitted are Zones suQject to the norrml zoning provisions in Central Business Dstrict (CBD) Zcne Caridc:r ABC) ( Zcne Merid Bu;iness Bouladerie IslOld Business Carida (BBC) Zcne rbourside Bu;iness Caridor (HBC)Zcne Mra Rcx:: d Business (~) Zcne Sydney River Service (SRS) Zcne Keltic Dive Business Carida KBC) ( Zcne Trans Canada VvOy Intersecticn Hg. ( fQ-l) Zone A" incipd Urban Intersecticn (PUI)Zcne Residential Urbcn A (RUA)Zcne Apcrtrrent BuildngA( ABA)Zcne Apatrrent Buildng B (ASB) Zcne Apcrtrrent Buildng X (ABX)Zcne New D: Mrt Retirerrent Village (NRV)Zcne Northside Business Park N ( BP)Zcne Sydpat - SYSCD IndJstrid Regond Sc:ies/ Pak (SIP)Zcne Service Utility (SSlJ)Zcne A" irre Brook Sc:ies/ Service (SSP)Zcne Rurd CBRM~) Zcne if not serviced Rurd CBRM I\ b I\ Ibbile ~ Rurd Gravel by a CBRIVI saritay sevver rrdn NIVD Zcne if not serviced by a CBRM SOlitary se\M3r rrdn it (GDR) Zcne if not serviced by a CBRIVI scnitay sevver rrdn. Depa:; Tier B Nursing hone>are also p: nnitted in all Zones throughout the CBRM up to a scale of 3,CXX) sq.ft. in flmr area. Tier C Building with a up to 25 1. Nursing hone>in this floor area nursing greater than 3, 000 sq. ft. home beds tier shall be p: nnitted by Site PLan Approval in accordance with the following table. PUBUC STREET/ROAD LEVEL Level 1, 2, and 3 ft. of land Level 4 ft.of land Level 5 ft.of land 14 Ihe Site PLan process obliges the Thveloprrent Officer to notify assessed property within 30 nEters of the site on Wllch the developrrent is to occur: of hislher clecision to approve the developrrent; and Approval owners of to allow them to influence the site 2. Nursing hone>in this tier shall plan. only be p:nritted by zoning arrenclrrent if the density is greater than the ITEXinum threshold in the table in section 1 above. Tier D Building with a floor area from 26 up to and 1. Nursing hone>in this tier shall be greater including than 3, 000 sq. ft. 50 nursing permitted by Site PLan home beds Approval in accordance with the following table. PUBUC STREET/ROAD LEVEL 2. Nursing hone>in this Level 1, 2, and 3 1 bed Level 4 1 bed tier shall only be permitted by zoning arrenclrrent if the density is greater than or on any Level 5 public street/ road. the ITEXinum threshold in the table in section 1 above, Tier E Building with greater 1. Nursing hone>in this a floor than 50 area greater nursing tier shall be than 3, 000 sq. ft. home beds permitted by Site PLan Approval in accordance with the following table. PUBUC STREET/ROAD LEVEL Level 1, 2, and 3 Level 4 2. Nursing hone>in this 1 bed tier shall only be permitted by zoning arrenclrrent if the density is greater than the ITEXinum threshold in the table in section 1 above, or on any Level 5 public street/road. Site Plan Approval Criteria the following nntters have been aclch-essed. Thveloprrent Officer shall approve a site plan ~ Ihe Thveloprrent Officer shall ~ ure the degree of stringency in interpreting the criteria so that it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, parking area etc.), and the proximity of the c1eveloprrent, or any specific feature of it, to any other developrrent or streetscape intended to be protected by the criteria b. Ihe ' Ihe parking detached area and d\\ ellings utility structures shall be screened from a to soften their starkness All by a public street/road and any corrbination of vegetation and fencing. existing significant vegetation shall be retained except ~ developrrent. the business shall be of a scale and style Signs advertising single its rennval is necessary for the construction of the and so located that they will not conflict with the streetscape. Ihe location and orientation of any nnin buildings on the lot parcel nust be carefully selected to ellings or two unit significantly larger than any single detached d\\ d\\ ellings in the vicinity (i.e. greater than 3 tinEs the floor area. ancVor twice the height, ancVor three tine> the length from looming over any such residential d\\ ellings or their yards. prevent buildings that are 15 l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of storm and surface water. A mininum equivalent to 1/ 3m of the floor area of the building shall be in corrpliance with the That percentage rmy be reduced to as low as l/ lcF ~ landscaped open the Thveloprrent Officer is satisfied with the design of a Certified Horticultural Technician definition for area. or Architect. and egress Ingress shall be points ~ the parking to ensure that any known designed Authority is not further exacerrnted. Section 26 a. is to be accessed from any publidstreet/ road traffic identified the Traffic significant problem by area Off-site/off-public street/road parking A parking lot servicing a sales or service business developrrent, or a fishery use within a designated obliged to be provided in compliance with the parking requiremnts of this law or Byvohmtarily provided by the proprietor of the business developrrent to better serve their clients/custollTI"S and staff, rmy be permitted by site plan approval (pursuant to Sections 231 and 232 of the M. micipal e from the business developrrent or fishery use GoVerru:reIlt Act) on a lot parcel sepmrt: served and outside a Zone CBD being provided: harbour shoreline, either the sales/service business developrrent is located within a CBD Zone or within 1, CXX)feet of the of a CBD Zone; bonnclary the parking lot is within 500 feet of the pedestrian entrance to the sales or service building or fishery use being served; and the distance traveled from the parking lot to the business or fishery use being served does not require crossing a Levell or Level 2 public street/road in the CBRMhierarchy. ' These public streets/ roads are listed in b. 'The Thveloprrent The Officer shall approve a parking area and utility structures detached All I. Schedule " f>.: d\\ ellings site plan ~ e the following rmtters have been ackh-essed. shall be screened from a public street/road and any to soften their starkness single by a corrbination of vegetation and fencing. existing significant vegetation shall be retained except ~ its rennval is necessary for the construction of the parking lot. l\ Ib1sures, including lot:parcel grading, shall be required to adequately dispose of storm and surface water. Section 27 One l\ tin Residential Building on a Lot Parcel elling shall be permitted on the sarre lot parcel as any other d\\ elling unless it is single detached d\\ a condominirnndeveloprrent registered pursuant to the CondominirnnAct. Two or nnre twounit d\\ ellings, apartrrent buildings or townhouses, or any corrbination of these three residential land use types, shall be permitted on the sarre lot parcel provided they are serviced by both a CBRM water m: rin and a sanitary se\\ ef nnin. HO\\ ever, this range of d\\ elling types plus detached d\\ ellings shall be on the sarre lot in single permitted parcel partially serviced. or unserviced areas ~ they are within a condominirnndeveloprrent registered pursuant to the CbndominirnnAct. A travel trailer used as a d\\ elling shall only be permitted on a lot:parcel with another d\\ elling for a continuous period not exceeding 30 clays within a 365 clay period. No within Section 28 Outdoor Storage O1tdoor storage of aggregate nnterial, derelict nntor vehicles, used bodies or parts of nntor vehicles, or used bodies or parts of other vehicles, nnchinery or equiprrent, ~ ther used in the operation of a 16 business or particular not, shall be prohibited in all zones of this Bylaw, lIDless it is permitted in the text of a zone. Where outdoor storage is permitted. Thveloprrent Permit applications that include a proposal for outdoor storage shall be referred to the Fire and Building Officials to determine corrpliance with the Fire Safety Act. Section 29 a. Parking Area Stan~ Each parking space has a mininum1ength of 20 ft. and a mininum width of 9 ft., except for parallel parking spaces. ' The minimum1ength of a parallel parking space shall be 22 ft. b. Where the parking standard calculation results in ronnded up above .4999 and deleted at c. Where parking areas for nnre or an odd nurrber of spaces, the fraction shall be below 4 . 999. than 3 vehicles are required or permitted. or for any nntor vehicle service station: 1. the parking with area on a lot: parcel to be serviced by a Mmicipal se\\ ef nnin shall be nnintained perrmnent hard surface (paverrent or similar rmterial) with one exception ' Ibis provision is waived ~ n an existing non-paved parking area for mmufacturing business developrrents is a to be In rural expanded. nnintained with ensure a zones and the one exception noted above, the parking areas shall be stable surface that is treated to prevent the raising of dust and loose particles to neat and tidy appearance, lIDless the developrrent is regulated by rreans of site plan a approval provisions, bonus zoning, or perforrmnce zoning; lights used for illrnnination of the parking lot/area shall be so arranged as to divert the light away from streets, acljacent lot parcels and buildings; 3. a structure, not nnre than 12 ft. in height and not nnre than 500 sq.ft. in area rmy be erected in the parking area for the use of attendants; 4. the parking area shall be located on the sarre lot:parcel Wllch it is intended to serve, except for the following cirCllIIEtances: n the provisions of the Section of this Part titled "Off-site/ off-public street/rood parking" apply; n the public street/ rood curbside parking provisions of the Section of this Part titled Parking requirerrents" apply; or n the parking spaces provided are not:required by this By-law, provided elling shall be screened by o any lot parcel bonnclary shared by a parcel occupied by a d\\ an opaque fence with a mininum height of 5 ft. and a ITEXinum height of 8 ft. and a landscaped open area (as defined in this By-law) with a mininum width of 3 ft.; and if the parking lot is so located that it obliges a pedestrian to cross a public street/ road o to and from it and the it serves, it shall be a Level 5 walking developrrent only public street/rood in the CBRMhierarchy. the parking area is of a perrmnent hard surfacing, each parking space shall be clearly 5. ~ 2. the demrrcated and nnintained as such; 6. no gasoline nnintained 7. equiprrent shall be located or chiveways to any parking area on a lot parcel serviced by a Mmicipal se\\ef nnin along the public street/rood right-of-way, other than that required for a single or two unit d\\ elling, shall be defined by a curb of concrete or rolled asphalt and the limits of the area shall be defined parking by a fence, curb or other suitable obstruction designed to provide a neat appearance and safe ingress and egress; in addition the location of approaches or chiveways shall be not closer than 50 ft. from a public street/rood bonnclary at a public street/rood intersection and no rarrp shall be closer than 30 ft. to another rarrp serving the sarre lot parcel except that ~ these nnke access requirem:nts or the a closer to a public Officer irrpossib1e irrpractical, Thveloprrent rmy approve chiveway street/rood bonnclary at a public street/rood intersection; provided that the chiveway or rarrp is approoches e a 8. prnrps or other nntor vehicle service station the parking lot; on or curb exists 17 located as far from the intersection this 9. bonndary as possible and corrplies with all other provisions of bylaw; entrance and exit rarrps shall not exceed two in total per public street/road ch the lot fronts and parcel public street/road hierarchy than the lot parcel bonndary in ~ on ~ no public street/road frontage for each entrance via a Level 1 or Level 2 public bonndary street/road in the CBRM's shall be closer than 15 ft. to the of ch the entrance is located except in these a lot parcel other four circllIIEtances: in the CBD I.) ( owntown Central Business District) Zone, ch existed on July 1st., 2CX)4, excepting buildings ~ e the Thpartrrent of Transportation and fufrastructure Renewal is the Traffic Authority and they believe there is a better solution; and a Traffic Irrpact Analysis is conducted by a engineering consulting firm and they provide a different solution; and each such rarrp shall be a ITExinum width of 26 ft. at the public street/ road bonndary for one traffic or ft. for two traffic, at a intersection authorized by the 36 way way except signalized traffic authority, in ~ ch case the ITExinum width of such rarrp rmy be increased. chiveway or aisle leading to a parking or loading area. shall be a mininumof 10 ft. and the ITExinum width of a chiveway shall be 26 ft. 11. all parking lots/areas servicing new construction or a change in use ( i.e. excluding additions/ expansions) shall be separated from any public street/road boundary by a distance of at least 6 ft. nrasured from the public street/road boundary and be no closer than 3 ft. from any other lot parcel bonndary and this area shall be raised or separated by curbs or otherwise nnde inaccessible to nntor vehicles and corrp1y with this By-law' s definition for landscaped ~ n area. Where a parking area straddles the bonndary of two or nnre lot parcels, the setback provisions in this Section only apply to the exterior lot parcel boundaries. For additions/expansions the above provision is waived but the expanded parking lot/area shall corrp1y with the sarre setback and landscaping plan of the existing parking lot/area. 12. each parking space shall have adequate access to permit ingress or egress of a nntor vehicle and in no case shall a chiveway or aisle directly accessing a parking space be less than 14 ft. in width, and all parking spaces shall be independently accessible without requiring the nnvenEnt of a vehicle or vehicles occupying any other parking space, to and from a public street/road or of chiveways, aisles or maneuvering areas. highway by ~ bemeen any two points of greater than 12 % except 13. No parking stall or aisle shall have a sl~ e the stall or aisle is fully eather \\ protected. 14. 'The mininum tmning radius for chiveway/public street/road intersections accessing parking areas shall be subject to the provisions in the table and staterrents below. 10. the width of a Entrance lane width at neck < 26 ft. 6 meters 5 meters Entrance lane width at neck> 5 meters 4. 3 meters 26 ft. If developrrent is serviced with another chiveway/public street/road intersection dedicated to delivery public streets/roads is reduced to the standard for Level 3 to 5 public streets/roads. Where a sidewalk exists the sidewalk shall extend through the chiveway /public street/road intersection supported by a low back curb. Where there is a curb intended to channel surface runoff from the public street/road to a storm ch-ain, a low back curb shall extend through the chiveway/public street/road intersection,unless the intersection is designed with a storm chain. the ' I CHZone excepting only, any chiveway accessing parking spaces from a public street/road shall be in the sarre zone as the land use serviced by the parking area or, if not, the chiveway nust be in a zone that permits the land use. service 15. d Where three nntor vehicles the mininum standard for Level 1 or 2 fe\\ ef parking spaces are required or are provided: hO\\ ever, in no case shall the spaces rmy be permitted without independent access; total width of chiveways at the public street/road exceed the lesser of 26 ft. or 40 % of the lot 1. the or parking 18 parcel public street/road frontage 2. 3. and the total devoted to area area parking aisles in the front yard yard; in addition. the location of approaches or chiveways shall not:be closer than 15 ft. to another rarrp serving the sarre lot parcel or 40 ft. from a public street/road bonndary at a public street/road intersection except that ~ e these requirerrents nEke access irrpossib1e or irrpractical, the Officer Thve10prrent rmy approve a chiveway closer to a public street/road boundary at a public street/road intersection; provided that the chiveway or rarrp is located as far from the intersection bonndary as possible and corrplies with all other provisions of this bylaw; entrance and exit rarrps shall not exceed two in total per public street/ road frontage for each r oad on ~ ch the lot fronts and no entrance shall be closer than 3 ft. to the street/ public parcel of the lot other than the lot that fronts on the public street/road bonndary parcel parcel boundary shall not:exceed 40 % of the or of the front in ~ ch the entrance is located and each such rarrp shall be a ITEXinum width of 26ft. at the public street/road bonndary and edge of plvem:nt and in no case shall a ranp exceed 40 percent of the lot parcel Section 30 public street/road frontage. Parking RequirellHlts According to Land Use Type For every building or structure to be erected or enlarged or change if u<; e, offpublic street/road parking located on the sarre lot parcel and within the sarre zone as the use and having nnobstructed in~ ndent access to a public street/road shall be provided and m:rintained in conformity with the following schedule excepting: specific parking requirerrents are established in the text of the zone in effect; parking is not required for the use in the zone in effect; e on public street/ road curbside parking is permitted by the Traffic Authority, in ~ ch case the nurrber of parking splces available directly in front of the lot parcel on ~ ch the c1eve1oprrent is taking place rmy be included in the calculation; or there is incontrovertible evidence an existing c1eve1oprrent was originally established ~ onsite parking not in effect, and an expmsion is proposed. corrpliance with the requirem:nts ~ parking standards below shall only be irrposed on the expmsion Residential si Ie detached dvl.ellin unit tvI.o unit dvl.ellin unit 1 parking space per dvl.elling unit, except apartrrents with a floor area of less than 600 sq.ft., or the apartrrent building is within 0.5 kilorreters of a CBD Zone, in which case it may be 1 parking space per 2 apartrrents, provided a minimum of 3 1 Sales business rki s ces is rovided parking space per 3 beds developments oduce markets same as retail sales for large awlianceslfumiturelbuilding supplies retail sales other mnvenience stores 1 per 400 sq.ft. 1 per 300 sq.ft. 19 Section 31 of: tor M>Vehicles Owned by Business Parking IkvelopllHlt Ulless the type of business is a permitted use within the zone, no nntor vehicle associated with a deve10prrent shall be kept in a zone except:for one vehicle with a total of no nnre than two business axles, one known of wnch is the front axle (e.g. this excludes the trailer from a semi-trailer truck colloquially as an ler), wnch is used by the 18-~ refrigeration unit or other noise producing : tor Parking of Ikrelict M> Ulless there is a parked specific Vehicles section in the text of a zone regulating this, no derelict nntor vehicle shall be stored in any zone unless: the vehicle is stored inside the not include a equiprrent. Section 32 or occupant of the lot:parcel and does owner or area ~ e vehicles a are building; or kept is fully screened on all sides by an opaque fence, landscaping or berm Section 33 Scientific Research l\ blltors Structures used for the purpose of conducting scientific research to be permitted in all gather data from the environm:nt shall Such structures shall be exerrpt from the frontage on a public street/road HO\\ ever, such structure greater than 50 feet in height shall be setback from any provision any residential c1eve1oprrent a mininum of l,( XXHeet. Section 34 zones. Setback and % Lot Parcel building fails to nret either: the required setback from a bonnclary of the lot:parcel by less than 6 inches ( 0.5 ft.); or the ITEXinum10t parcel coverage provision by less than 0.5%; the Thve10prrent Officer rmy issue a Thve10prrent Permit provided no encroachnEnt over bonnclary is created. Where a location certificate illustrates that Coverage Allowance Section 35 a lot parcel Sigffi No deve10prrent Section 36 a permit shall be required to erect a Sigffi Pemitted in Residential sign Zones Ulless there is a specific requirem:nt pursuant to a site plan approval, bonus or perforrmnce zoning provisions, only the following signs shall be permitted in zones with the word "Residential", neighbourhood", or " estate" in the title: a. Signs identifying narre and address of resident, and of not nnre than 2 SCI. ft. in sign area. trespassing" signs or other such signs regulating the use of a property, and of not nnre than 2 b. " No c. SCI. ft. in area. Real estate signs, or other similar terrporary business or lease of the premises. signs, not exceeding 5 SCI. ft. in sign area wnch advertise the sale, rental d l\ Iennrial e. ' Ihe signs or flag, pennant, organization tablets and or signs denoting the date of erection of a structure. insignia governm:nt, or of any religious, charitable or fraternal of any 21 f. g. h 1. J. A sign having an area of not:nnre than 50 sq.ft. incidental to construction and within the area for such purposes. designated Signs advertising a hOnE business in corrpliance with the provisions regulating hOnE businesses. signs advertising that apartrrents are available for rent or lease on the premises. Signs erected by a govermrent baiy, or illlcler the direction of such a baiy, and bearing no business advertising, such as traffic signs, railroad crossing signs, safety signs, signs identifying public schools, and public election lists are permitted. Signs erected by a govermrent baiy, or illlcler the direction of such a baiy giving direction to a business district, that could include a list of businesses, rmy be erected or placed at the site of an existing business developrrent by Site PLan Approval. ' Ihe Thveloprrent Officer shall approve a site plan ~ the following nntters have been addressed. Ihe corrbination of the size and siting of the sign shall be influenced to minimize any adverse effects to abutting residential properties that would include blocking streetscape view planes, looming over windows, or outdoor gardens or recreational facilities that result in significant Silll blockage. Ihe aesthetic design of the sign shall not include gauche errbellisllnEnts that obviously would be incorrpatib1e with the landscaping and site design of any abutting residential property. Sigffi Prohibited in all Zones Section 37 Ihe a. b. c. following signs shall not be permitted in any zones: sign or sign structure Wllch constitutes a hazard to public safety or health; signs Wllch by reason of size, location.content, coloring, or mmner of illrnnination obstruct the vision of chivers, either ~ leaving a roadway or chiveway, or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets/ roads; any sign Wllch obstructs free ingress to or egress from a fire escape door, window or other required any exit way. Section 38 a. b. Every sign and all parts thereof, including frarrework, supports, backgrOillld. anchors and wiring shall be constructed and nnintained in corrpliance with the building, electrical, and fire system;; prevention bylaws. All signs and all parts thereof shall be kept in a goai state of repair and nnintenance. Section 39 a. tintenance Sign Safety and l\ Tenp> rary Uses Pemitted Notwithstanding the list of permitted uses in the various zones in this Bylaw, retailing of goods ( e.g. garage sale, Cllristrms trees) on an occasional basis not to exceed nnre than 1 nnnth or to occur than twice per year shall be a permitted use in all zones. b. Nothing in this By-law shall prevent uses erected for special occasions and holidays provided only nnre that c. d no such use rem:rins in place nnre than 30 consecutive days. in this Nothing By-law shall prevent the terrporary location of a building or structure incidental to a nnin construction prqject provided that a Thveloprrent Permit has been issued and further provided only that such incidental construction shall be rerrnved within sixty days of corrp1etion of the developrrent. the Thveloprrent Officer rmy issue a permit to allow the owner of a lot parcel with an existing occupied building on it to construct a second building on the sarre lot parcel and to allow the owner to rennin in occupmcy of the existing building as a terrporary use during construction of the second building. For the purpose of this Section.the existing building shall be cIeerred to be a terrporary use and shall be permitted to continue up to sixty days after corrp1etion of construction of the nnin use, at Wllch tinE it nust be rennved from the site or converted into an accessory building. For purposes of 22 self-storage facility tourist infornntion centers veterinarian establislnnnts warehouses except within the Core Area as illustrated on the Land Use By1aw:Map Wlo1esale distribution facilities except within the Core Area as illustrated on the Land Use By- law Mlp traffiportation - (all) except coal retail distributionfacilities Section 2 Ihe lot:parcel CBD Lot Parcel deve10prrent DevelopllEnt RequirellEnts for all requirem:nts permitted uses in the CBD Zone are as follows: The lot MINIMUM PUBLIC STREET/ ROAD FRONTAGE public parcel shall abut and front along any public parcel abuts and street/ road with a width of less than 40 ft., in which minimum setback of 5 ft. is NIL* PARKING REQUIREMENTS NIL unless referenced specifically permitted uses Within the rnn Core Area.as illustrated established as an shared with Building setbacks are ~ building encroaclnnnts eaves, acljacent parcels ancVor veranda roofs, footings, etc.) Section 3 Outdoor O1tdoor display or over Regardless of corrpliance with this shall re considered a provision. violation of this Section (e.g. Display and Storage shall re p: nnitted. O1tdoor storage shall re prohibited from the CBD Zone By- of the Land Use By1aw:Map, no nnin building shall re a plaza is street/road nnre than 5 feet, except ~ ured from an exterior wall. into in the list on bonnclary public integral put of the site plan a case a required MINIMUM BUILDING SETBACK setrnck from the a street/ road, but no minimum is established unless the lot fronts along core area as illustrated on the Land Use 1aw:Map. e1se~ e in the CBD Zone except within irrponnd yards O1tdoor storage shall only re p: nnitted to a nnin use and screened from accessory any pedestrian sidewalk. Section 4 a. Ihe Residential DevelopllEnt Core Areas only residential deve10prrent permitted in a Core Area.as illustrated on the Land Use By-law Map, building in corrpliance with the following special provisions: shall re apartrnnts within a mixed use in the 2nd or higher floors; or Within the 1st floor provided the put of the 1st floor building service business foyer, is sale a or facing a public street/rood. other than the deve10prrent and the sale or service business occupied by deve10prrent occupies at least 113m entrance or of the 1st floor Landscaping Provisions no requirem:nt to provide a mininum1andscaped open area. with the definition of this By-law for landscaped open area. corrp1y area. b. Ihere is HO\\ ever, all exposed gronnd shall 26 c. Defflity RequireIIEnts no density requirerrent correlating the nurrber of apartrrEnts an apartrnnt building; a mixed use building with apartrnnts; or There shall re in: townhouse; with the size of the lot parcel developrrent is to re located, except on lot parcels framing along Apartrrents in an apartrrEnt building or mixed use building with apartrnnts shall re permitted at a density of 1 d\\ elling unit per 1, CXX)sq. ft. of land on the lot parcel of the three listed re10w and Streets fronting along any suQject to the site plan approval provisions to and of the M. m icipal 232 GoVernIIEllt Act) described re10w the Street listing: pursuant Sections 231 Ritchie Street Sych1ey Douglas Street remeen Falnnuth and Townsend Sych1ey Hugh Street Sych1ey the public street/ d on Wllch the listed below. road., Site Han Approval Provisions All apntrnnt buildings, mixed use buildings with apartrnnts and townhouses on lot parcels fronting along the above listed Streets are suQject to approval of a site plan p ( ursuant to Sections 231 and 232 of e the following Thveloprrent Officer shall approve a site plan ~ nntters have been addressed. 'Ihe Thveloprrent Officer shall ~ ure the degree of stringency in interpreting the criteria so that it correlates with the scale of the developrrent and each and every feature of the developrrent (e.g. buildings, parking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetsca~ intended to re protected by the the M. micipal Act). ' Ihe GoVerru:reIlt criteria 1. ' Ihe 2. 3. public street/road and any single detached d\\ e1lings to soften their starkness by a corrbination of vegetation and fencing. All existing significant vegetation shall re retained except ~ its rennval is necessary for the construction of the developrrent. l\ Ib1sures, including lot parcel grading, shall re required to adequately dispose of storm and surface parking area and utility structures shall re screened from a water. 4. 5. 6. 7. equivalent to 113m of the floor area of the building shall re in corrpliance with the definition for landscaped open area. That percentage rmy re reduced to as low as 111cF ~ the Thveloprrent Officer is satisfied with the design of a Certified Horticultural Technician or Architect. For new construction and additions, the setbacks shall either nret the setback requirerrent of 20 ft. or re screened ( as defined in this Bylaw) fromacljacent lot parcel bonnclaries to soften the starkness of the building ~ the developrrent on the acljacent lot parcel warrants protection e.g. residential with an attractive fa~, or a mmaged landscaped yard. or a business developrrent that developrrent uses either an attractive fa~ e.g. professional office or a mmaged 1anclscaped yard to pronnte their establisllnEnt e.g. bed and breakfast establishm:nt. For existing buildings proposed to re converted because of a change in use and developrrent on the acljacent lot parcel warrants protection for the reasons given above, only the setback is waived. Any new buildings of a significantly larger scale ( i.e. either higher or greater floor area) than d\\ e1lings on an acljacent lot parcel shall re so located on the lot parcel to lessen the irrpact on d\\ e1lings on an acljacent lot parcel. the parking area is to re accessed from any public/street/road shall re Ingress and egress points ~ designed to ensure that any known significant traffic problem identified by the Traffic Authority is A mininum not further exacerbated. st: andan: l Parking l' Parking standards for residential developrrent shall re: 1 parking space per d\\ elling unit for single detached 1 parking space per 2 d\\ elling units or apartrnnts. e. d\\ e1lings; and 27 There is obligation to provide the required nurrber of parking spaces on the sarre lot parcel occupied HO\\ ever, the soclesignated by the apartrnnts or apartrrEnt building. parking spaces shall be a ITEXinum of 150 nEters from the entrance to the building in Wllch the apartrrents are located. no Section 5 Where the CBD Boundary Re- bonnclary adju.stnEnt of the CBD Zone is illustrated as Pemitted being parallel to a public street/road within the an lUlSpecified CBD Zone (Street A),the extent of the provisions of the CBD Zone rmy apply for distance beyond the bonnclary provided the following criteria is adhered: the parcel, part thereof, included in the site plan of the application for a Thveloprrent Permit beyond the illustrated CBD bonnclary is part of a parcel within the CBD Zone and fronting along a or public street/road within the CBD Zone; or it is to be consolidated with it; and the application is for a developrrent with all nnin buildings providing pedestrian access directly from the clirection of the public street/road within the CBD Zone; and no other chiveway access is permitted except for comer lot parcels also abutting a public street/road intersecting the public street/road within the CBD Zone; and no such bonnclary re-acljustrrent shall extend in the direction of a public street/ road (Street B) that is within 10% of being parallel with Street A any nnre than 25% of the average depth of the lot: parcels fronting along Street B. Section 6 ~ ufacturing and FIShery uses The mmufacturing and fishery uses identified in the CBD list of Permitted Uses Section shall be permitted in the CBD Zone on lot parcels located bemeen a public street/road and a harbour or on lot parcels abutting a harbour. Fish offal reduction plants shall only be permitted in the CBD Zone by developrrent agreerrent in conpliance with the criteria of Part 6, policy 3.c of the Mmicipli PLanning Strategy. Section 7 As \\ ell NSP Uses Pemitted in CBD Zone in North the CBD uses and their respective provisions, all Sydney permitted in the NSP Zone subject to the NSP Zone requirerrents shall be permitted in the area of the CBD Zone in North Sych1ey within the 100 ft. buffer aronnd the NSP Zone as illustrated NSP Zone Buffer on the Land Use By-law Mlp. as Section 8 uses Parking RequirellEnts Waived for nnst CBD land uses No land uses permitted in the CBD Zone shall be obliged to provide off-street parking except for: c1eveloprrent in conpliance with the specific parking requiremnts in Section 4 of this Part, as \\ ell as the p: General Provision Sections establishing parking standards; and ninent accomrrrxlations service business c1eveloprrents only in conpliance with the p: General ninent Provision Sections establishing parking standards. residential Section 9 Prohibiting the use of llDbile holIES for any CBD use Pursuant to Part 2, use Policy 2.a of the Planning Strategy, the use of a nnbile hOnE converted to operate perrritted in this Zone is banned throughout the jurisdiction of this Zone. Section 10 Drivethroughs banned in the Core Area No Thveloprrent Permit shall be issued for any CBD permitted use with a chive-through corrponent providing nntor vehicle access from a chiveway intersecting any of the following Streets: 28 any Chrr10tte Street Sych1ey cial ColTIll'fi" Street Clace cial ColTIll'fi" Street North Sych1ey. Section 11 Bay Utilities in support of the main them Are prohibited from any yard bemeen as c1efinedin this a nnin building and Bylaw) fromany sidewalk. and ~ a use and buildings enclosing public street/road lIDless they are screened a siclewalkfrompublic street/ road there isn' t nntor vehicle travel- way. 29 PART 5 ARTERIAL BUSINESS CORRIDOR (ABC) ZONE Section 1 ABC Uses Pemitted Permits shall Thve10prrent only be issued in the ABC Zone for one or nnre of the following uses in with relevant section of the General Provisions Part, and any specific section of this Part conpliance any devoted to the use. manufactming - only the following agricultural products processing alcohol processing asserrb1y bakeries building supplies mmufacturing garrrent mmufacturing mmufactming chemicals recreational- ( all) both public and business establishment except racetracks for motor vehicles residential all except mobile homes area,> serviced with both Municipal Hnter and se~ only in develo)lIIEnt - apartrnnt buildings apartrnnts within a mixed used building only in se~ area,> serviced r with bath Municipal Hnter and r single detached dV\e1lings only in that do not have the dimemiom townhouses area,> serviced qf a mobile home a~defined by this By-law with both Municipal water and se~ r sales - ( all) service aD.except aninnl shelters, and aninnl sitting establisllnEnts are not permitted in areas Mmicipal water and sewer recycling facility using outdoor storage traffiportation - (all) except coal retail distributionfacilities Section 2 a. All ABC Lot Parcel public street/ road or 150 feet (see Conversions and New Construction below for required boundary explanation of provisions) Minimum new DevelopllEnt RequirellEnts permitted uses in the ABC Zone are subject to the higher of either: the lot parcel deve10prrent requirerrents in the General Provision Part; the lot parcel deve10prrent requirerrents in the Table below Minimum serviced with both building setback for conversion to, construction of, residentia I or additions to non- 10 feet from a the main is residential. Refer to Section 8 if the residential boundary shared with a property within the ABC and:New OxNruction 1. ' The 150 foot mininum public street/road frontage provision is in effect for the if any of this Section: deve10prrent chiveway access is to be the conversion* of existing residential residential provided to the public the following types of streets/roads listed at the end buildings into an apartrrent building or any other non- use; or the construction of any new nnin buildings; or the establishm:nt of any new business deve10prrent land use with the Zone where property is in another Zone. developments b. CoIWersioffl use (e.g. car exception if a one and two-W1it residential dwelling; sales lot, paid parking lot), and expansion of any other non-residential use, except:very minor extensions Building 0xIe, FIre 0xIe and building accessibility improverrents. to conp1y with 32 For prnposes of this Section. within a nnlti-use building use 2. ~ n a non-residential use nran ~ Exception to this Provision Ihe 150 ft. provision of this share the used to clescribe ~ e will exceed the floor an a area devoted to the residential e two or nnre use. acljacent lot parcels provided: the boundaries of the lot parcels affected that shall have change in the scale of a non-residential Section rmy be waived ~ entrance/exit rarrps sarre a the nnin use is residential, the word "conversion" shall are shared with the public street/road bonnclary corrbined length of at least 150 ft.; describing the entrance/exit rarrp and any chiveway leading to the acljacent lot serviced by the entrance/exit rarrp is included in the deed clescription of the lot: easerrent parce1( parce1( s) s) on the present Wllch the easerrent is/ are owners over; and of the lot parcels restrictive covenant benefiting from this provision provide an affidavit or relinquishing any rights for additional public street/road entrance/exit rarrps to their property. 3. Public streetsr/oads affected by the conversions and new construction frontage provisions Sych1ey and Sych1ey River Prince Street Sych1ey Welton Street Sych1ey Kings Road Grand Lake Road Keltic Dive Bay; and King Street North Sych1ey Reserve Street Glace Section 3 Off-site/ off-public street/road parking Ihe parking requirerrents correlated to the type and scale of any sales or service rmy be nEt at an off-site/off-public street/road site for any developrrent located on a lot parcel fronting along the sector of Prince Street between Disco and l\ tkhanic Streets provided: building being served; and the distance traveled from the parking lot to the business being served dces not require crossing a Level 1 or Level 2 public street/road in the CBRMJ1ierarchy. ' Ihese public streets/roads are it is within 500 feet of the pedestrian entrance to the sales or service listed in Schedule " A". Section 4 ApartnEnts and Townhouses Ihe density requiremnt correlating the nurrber of apartrrents with the size of the lot parcel on Wllch the developrrent is to be located in shall be: 1 d\\ elling unit per 1, CXX) SCI. ft. of land on the lot parcel for an apartrrent building or mixed use building with apartrrents; and 1 d\\ elling unit per 2,CXX) SCI. ft. of land on the lot parcel for a townhouse. Section 5 Outdoor O1tdoor display is Display and Storage permitted. only be permitted to the rear of all nnin buildings O1tdoor storage shall pedestrian sidewalk. and screened from any 33 Section 6 Ihere is Landscaping Provisions requirem:nt to provide a mininum1andscaped open area. conp1y with the definition of this By-law for landscaped open area. no Section 7 HO\\ ever, all exposed gronnd shall Special Provisions for Reserve Street in Glace Bay A Thveloprrent Permit for a non-residential use only be issued in the sector of Reserve Street within Thveloprrent following: a site plan illustrating nntor vehicle off-public street/ road cross connections bemeen acljacent properties in the parking area; a site plan illustrating no nnre than one chiveway unless a report is included preprred by a traffic engineer advocating that two chiveways are warranted based on traffic vo1llIres; and in the opinion of the Traffic Authority, no other aspect of the proposed developrrent corrpromises the recomrn:nelations of the Reserve Street Traffic Study (Dx:errber CBRM's ability to irrp1enEnt the the ABC Zone after the shall Officer has received the 2003). Section 8 Screening Provision adjacent Residential Zones developrrent or its accessory parking area. or expansion of existing developrrent including buildings and parking area. on a parcel of land abutting a parcel of land occupied by a residential developrrent, or on the opposite side of a Level 1 public street/road. within a zone with the word "Residential" in it shall be screened ( as defined in the Thfinitions Part of this By-law) from the abutting residential property unless all aspects of the business developrrent are nnre than 100 feet from the bonnclary of the abutting residential parcel. (zoning amendment G915) Any new construction of a business business Section 9 Prohibiting the use of llDbile holIES for any use in this Zone Pursuant to Part 4, use Section 10 a. ' Policy 3.b of the Planning Strategy, the use of a nnbile hOnE converted to operate any perrritted in this Zone is banned throughout the jurisdiction of this Zone. The site Special Provisions for Site of Tmck Repair Business on RichnDnd Street,Sydney subject to this Section comprises the property parcel consolidated from the property on the next page. identification nurrbers listed below and highlighted in red on the nnp 15< nJ301 15562366 15128382 b. Other than the residential uses 15128366 ( i.e. 10 Cape Breton Street, and 151/ 121 Richrmnd Street) listed in the Uses Permitted Section of this Zone ( i.e. Section 1) the only other permitted use at the site subject to this Section shall be the operation of a nntor vehicle repair and parts retail business developrrent in conpliance with the following provisions and Sections c. ' 6 and 8 of this Zone, and any relevant section of the General Provisions Part. use of this site is corrprised of three m: rin functions; the m: rin building The ~ repairs take place and the storage of parts, equiprrent and nnterial used to repair nntor vehicles, the building housing the business office, and the yard ~ e nntor vehicles waiting for repairs and staff nntor vehicles are parked. d rin building at this site ancVor the conversion of the No Thveloprrent Permit to expand the m: at 15128366 into a fabricated nudular business office without the written confinmtion from the owner that the pre- zoning provision carre into effect is to be rermved and the business office is to be re-1ocated within the building occupying PID# 15128366. ' The above nEntioned pre-fabricated nudular building shall be rennved within 6 nnnths of the date the Thveloprrent Permit to expand the m: rin building is issued. e. ~ of the m: r in shall result in the dennlition. or the reduction in size of the expansion building building existing on 15128366 as of the elate this arrendrrent carre into effect. building in existence at the site d\\ elling on the date this 34 1. All 2. 3. 4. 5. buildings shall re a mininum of 10 feet from the Highway 105 right-of-way bonndary. shall re a mininumof 3 feet buildings, parking lots'areas,outdoor display and storage ~ from any lot parcel boundary shared with a lot:parcel occupied by a non-residential use. All buildings,parking lots/ areas, and outdoor display shall re a mininumof 100 feet from any residential d~ lling Wllch is: located nnre than 300 feet from the Highway 105 right-ofway bonndary; or on a lot parcel with frontage along a public street/ road other than Highway 105. All outdoor storage ~ shall re a mininumof 200 feet from any residential cMelling: located nnre than 300 feet from the Highway 105 right-ofway bonndary; or on a lot parcel with frontage along a public street/ road other than Highway 105; and All outdoor storage ~ reyond 300 feet from the Highway 105 right-of-way bonnclary shall re screened from any d~ lling within 500 feet by an opaque vegetative, or topographic screen. or All corrbination thereof. 37 PART 7 HARBOURSIDE KINGS ROAD BUSINESS CORRIDOR (HBC) ZONE Section 1 HBC Uses PenIitted Thve10prrent Permits shall only be issued in the HOC Zone for one or nnre of the following uses in conpliance with any relevant section of the General Provisions Part, and any specific section of this Part devoted to the use. recreational - only the following public indoor and outdoor fitness centers residential- all except mobile homes services - only the following accomrrrxlations alcohol beverage service establishnEnts an GLcessory onlya<; e to u<; another main e u<; artist/artisan establishnEnt entertainm:nt studio arts/ business office comrrunity service comrrunity service residences cultural service funeral hOnES health care lllli1I1aS nnvie theatres personal service business printing and newsplper establishnEnt protective only thefollowing guard coast stations fire judicial police residential care d\\ e1lings restaurants scientific service establishm:nt conp1ex tourist infornntion centers Section 2 All HBC Lot Parcel DevelopllEnt RequirellEnts in the HOC Zone are suQject to the higher of either: permitted the lot parcel deve10prrent requirerrents in the General Provision Part; the lot parcel deve10prrent requirerrents in the Table below Minimum uses public street/ road frontage or 150 feet (see Conversions and New Construction below for explanation of provisions) Minimum building setback 10 feet from main use a boundary shared with a property where the is residential 50 feet from a dwelling in another zone 38 b. CoIWersioffl and New : OJffltruction 1. ' The 150 foot mininum public street/road frontage provision is in effect for the developrrent if any of this Section: chiveway access is to be the conversion* of existing residential residential provided to the with the of buildings into an apartrrEnt building or any other non- use; or the construction of any new nnin buildings; or the establishm:nt of any new business developrrent land use the public following types streets/roads listed at the end (e.g. car exception if a one and two-W1it residential dwelling; expansion of any other non-residential use, sales lot, paid parking lot), and except:very minor extensions to corrp1y with Building 0xIe, FIre 0xIe and building accessibility improverrents. For prnposes of this Section. ~ used to clescribe a change in the scale of a non-residential use within a nnlti-use building ~ e the nnin use is residential, the word "conversion" shall n a non-residential use nran ~ 2. Exception to this Provision The 150 ft. provision of this share the sarre will exceed the floor area Section rmy be waived ~ entrance/exit rarrps devoted to the residential e two or nnre use. acljacent lot parcels provided: the boundaries of the lot parcels affected that are shared with the public street/ road bonnclary length of at least 150 ft.; an easerrent describing the entrance/ exit rarrp and any chiveway leading to the acljacent lot s) serviced the e xit entrance/ parce1( by rarrp is included in the deed clescription of the lot: s) on Wllch the easerrent a re over; and is/ parce1( the present owners of the lot parcels benefiting from this provision provide an affidavit or restrictive covenant relinquishing any rights for additional public street/road entrance/exit shall have a corrbined rarrps to their property. 3. Public streets/roads affected by the conversions and new construction Kings Road frontage provisions Sych1ey Landscaping Provisions exposed gronnd shall corrp1y with the definition of this By-law for landscaped open area. Landscaped open space shall be provided at the ratio of 113m the total area of the lot parcel unless a 1anclscaping plan is designed and corrp1eted by a Certified Horticultural Technician or Architect specializing in landscape installation that corrplies with the definition of this By-law for landscaped open area.in Wllch case the landscaped open space shall be at least 5% of the total area of the lot parcel. c. All Outdoor Display d O1tdoor display shall be permitted. Section 3 The use ApartnEnts and Townhouses density requiremnt correlating the nurrber of apartrrEnts within an apartrrEnt building or a mixed building with the size of the lot parcel on Wllch the developrrent is to be located in shall be: 1 d\\ elling unit per 1, CXX) SCI. ft. of land on the lot parcel for an apartrnnt building or mixed use with building apartrrEnts; and 1 d\\ elling unit per 2,CXX) SCI. ft. of land on the lot parcel for a townhouse. Section 4 Prohibiting the use of llDbile holIES for any use in this Zone Pursuant to Part 4, use Policy 3.b of the Planning Strategy, the use of a nnbile hOnE converted to operate any perrritted in this Zone is banned throughout the jurisdiction of this Zone. 39 PART 8 MIRA ROAD BUSINESS ( MRB) ZONE Section 1 1\ 1RB Uses Penritted Permits shall Thveloprrent only be issued in the MRB Zone for one or nnre of the following uses in with relevant section of the General Provisions Part, and any specific section of this Part corrpliance any devoted to the use. recreational - public only the following indoor and outdoor fitness centers residential - only the following that do not have the dimemiom qf single detached dV\e1lings two unit a mobile home defined by this By-law a~ dV\e1lings sales - only the following bakery sales boutiques convenience stores pharrmcy and convenience sales video rental services - only the following artist/artisan establisllnEnt business offices comrrunity service comrrunity service residences crerrntorillIIE cultural service illy cleaning pick-up and delivery depots educational service health care 1aunch-ormts and 1annchies personal service business protective only thefollowing coast guard stations fire judicial police residential restaurants scientific care dV\e1lings subsidiary a a<; e to u<; another permitted e and u<; subject to Section 3 establishm:nt site specific uses pemitted as the other permitted uses, the following business uses shall only be permitted on the lot: parcels on Wllch they presently exist: nntor vehicle sales, fuel service, and repair at Pill #15287204 ( 1430 CbJrge Street) retailing, warehousing, and Wlo1esaling of baked goods at Pill #15284995 ( 1497 CbJrge Street) no other land use except a parking lot servicing the mxlicalJbusiness corrp1ex known as the ( be determined Healthpark on the south side of Weatherbee Road shall be permitted on Pill # to after the lot parcel is created by ~ of Sulxlivision Approval). This lot parcel affected encorrpasses a parking lot on the north side of Weatherbee Road directly across from the Healthpark corrp1ex. as V\ ell 40 Section 2 All 1\ 1RB Lot Parcel DevelopllEnt RequirenEnts in the MRB Zone are subject to the higher of either: permitted the lot parcel developrrent requirerrents in the General Provision Part; the lot parcel developrrent requirerrents in the Table below uses street/ road Minimum public Minimum building conversion to, additions to new non- 50 feet* frontage setback for 10 feet from construction of, or main or residential use a boundary shared with a property where the is residential 50 feet from a dwelling in another zone developments This mininum public street/road frontage elate this Section 3 Restaurants Restaurants shall conpliance a. requirenEnt is waived for parcels that existed on the By-law carre into effect. as a Subsidiary Use only be permitted in the MRB Zone with the as a subsidiary use to another permitted use in following provisions: Restaurants shall not: exceed 25% of the total sq. ft. of the building or conp1ex of buildings in the proposed developrrent. proposed developrrent shall consist of new developrrent or the conversion of existing nonbusiness developrrent. A Thveloprrent Permit to establish a restaurant shall not be issued unless a Building Permit to establish the rest of the conp1ex has already been issued and the foundation has been inspected and approved by a Building fuspector. Ihe application for a Thveloprrent Permit to establish a restaurant shall include a site plan illustrating it as put of a larger conp1ex (the above mntioned proposed developrrent) including an entrance/exit rarrp and traffic lanes linking a parking area with a public street/road shared with the rest of the conp1ex. Ihe restaurant shall have eat-in custOllTI"seating; and rmy have a chive-through facility provided a traffic irrpact analysis is conchJcted by a practicing professional engineer specializing in the field of traffic analysis and the findings are in conpliance with the standards of the Traffic Authority. Ihe sulxlivision of the complex site to create separate lot parcels encorrpassing each of the buildings shall be permitted if parking is provided in conpliance with the By-law on the lot: parcel encorrpassing each building. To prevent the proliferation of public street/road vehicular accesses, any new lot parcels created shall only be obliged to provide vehicular easerrent access from the public street/road to the on-site traffic lanes on each lot parcel. b. 'Ihe c. d ' e. ' f. g. ' Section 4 Outdoor Display O1tdoor display shall be p: nnitted. 41 PART 10 KELTIC DRIVE BUSINESS CORRIDOR (KBC) ZONE Section 1 KBC Uses PenIitted Permits shall Thveloprrent only be issued in the KBC Zone for one or nnre of the following uses in with relevant section of the General Provisions Part, and any specific section of this Part conpliance any devoted to the use. agricultural uses - ( kennels all) permitted in areas serviced with both Mmicipal water and se\\cr manufactming - only the following agricultural products processing alcohol processing asserrb1y building supplies mmufacturing mining products mmufacture in compliClJ1Le with Section 4 recreational- ( all) both public and business establishment except racetracks for motor vehicles are not residential develo)lIIEnt - ( all) area,> serviced with both Municipal Hnter and se~ r apartrnnt buildings only in area,> serviced with bath Municipal apartrnnts within a mixed used building only in se~ Hnter and r nnbile hone> ellings single detached d\\ in only townhouses twounit area,> serviced with both Municipal water and se~ r d\\ ellings sales - ( all) service aD.except aninnl shelters, and aninnl sitting establisllnEnts are not permitted in areas serviced with both water and sewer Mmicipal recycling facility using outdoor storage traffiportation - (all) cml retail distribution facilities in conpliance with Section 4 Section 2 Ihe lot:parcel KBC Lot Parcel developrrent street/ road Minimum public Minimum building DevelopllEnt RequirellEnts requirem:nts frontage setback for all permitted uses in the KBC Zone are as follows: 50 feet 10 feet from main use 50 feet from Section 3 Outdoor O1tdoor display is a boundary shared with a property where the is residential a dwelling in another zone Display and Storage permitted. O1tdoor storage shall only be permitted to the rear of all nnin buildings and screened from the sector of any public street/ road abutting the lot parcel ~ the outdoor storage is taking place. 43 PART 12 CONVENIENCE STORE AND OPTIONAL USE ( COZ) ZONE Section 1 ( DZ Uses Pemitted Permits shall Thve10prrent only be issued in the CXJZ Zone for one or nnre of the following uses in with relevant section of the General Provisions Part, and any specific section of this Part conpliance any devoted to the use. residential two only the follomng units within a mixed use d\\ elling two unit building d\\ e1lings e1lings single detached d\\ sales - only the follomng antique sales bakery sales boutiques that do not have the dimemiom qf a mobile home a~defined by this By-law convenience stores service - only the follomng grooming aninnl (done> tic) artist/artisan establisllnEnts business offices catering business day care facilities personal service businesses reparr servlces residential care d\\ e1lings All penritted uses in the Zone in effect for acljacent abutting parcels ( other than public streets/roads or service lanes) with the exception of PID# 15555543 at the corner of Alexanch-a Street and Vogue Street in PrinE Brook (750 Alexanrn-a Street) in Wllch case the permitted uses in the RUAZone shall apply, andPID# 15441843 at the corner of Connaught Avenue and West Avenue in Glace Bay (4 Connaught Avenue) in Wllch case the permitted uses in the RUe Zone shall apply. Section 2 ( DZ Lot Parcel Ihe lot:parcel Minimum deve10prrent public DevelopllEnt RequirellEnts requirem:nts street/ road for all frontage permitted uses in the CXJZZone are as follow>: No minimum is established but the lot shall abut and front Minimum building Section 3 setback NIL from a public along a public parcel street/ road street/ road Parking RequirellEnts Ihe parking requirerrents of General Provisions Part shall only for the expanded flcor apply, but only for any building expansion and area. 46 PART 13 PRINCIPAL URBAN INTERSECTION ( PUI) ZONE Section 1 PUI Uses PenIitted Permits shall Thveloprrent only be issued with relevant section of the conpliance any in the Pill Zone for one or nnre General Provisions Part, and any of the specific following uses in section of this Part devoted to the use. recreational - public only the following both indoor and outdoor fitness centers DOr) carrpgronnd on PID# 15821960 and 15780646 ( 20/22 Church road little Bra,> recreational business establishm:nt (indoor only) at PID# 15193170 ( 7 Mapleview Drive) residential - only the following apntrnnts within a mixed use builclingfapntrnnt building only at PID# 15193170 nnbile hone> ~ the Pill Zone bonnclary is surronnded by a zone or zones ~ e nnbile hone> are permitted that do not have the dimemiom qf mobile home defined by this By-law single detached dV\e1lings a two unit a~ dV\e1lings service - only the following accomrrrxlations hotels at scale a no greater than an inn in compliance with the site plan approval Cif Section provision'> 2 inns in compliance with the site plan approval Cif Section provision'> 2 anphitheater art galleries artist/artisan establishnEnt in compliClJ1Le with the site plan approval if Section 2 provision<; the with site compliClJ1Le plan approval if Section 2 provision<; in compliClJ1Le with the site plan approval 2 Section if provision<; entertaimn:nt studio in arts/ business offices concert halls clay care facility nclcal clinics in compliClJ1Le with the site plan approval if Section 2 provision<; nuseurn;; nursing hOnE personal service business in compliClJ1Le protective only thefollowing coast guard with the site plan approval if Section 2 provision<; stations fire judicial police repair service residential in care restaurants in compliClJ1Le with the site plan approval if Section 2 provision<; dV\e1lings compliClJ1Le with the site plan if Section 2 provision<; approval theatres Section 2 Site plan approval provisions All artist/artisan establishnEnts, business, repair service and restaurants artslentertaimn:nt studios, business offices, hotels, of site personal service Sections 231 and subject approval plan p ( ursuant e the Thveloprrent Officer shall approve a site plan ~ ure the degree of stringency following nntters have been addressed. 'Ihe Thveloprrent Officer shall ~ in interpreting the criteria so that it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, prrking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetsca~ intended to be protected by the criteria micipal 232 of the M. are to a to Govermrent Act). ' Ihe 47 a. ' b. c. Ihe public street/road and any single detached d\\ ellings to soften their starkness by a corrbination of vegetation and fencing. All existing significant vegetation shall be retained except ~ its rennval is necessary for the construction of the developrrent. l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of storm and surface parking area and utility structures shall be screened from a water. equivalent to 113m of the floor area of the building shall be in corrpliance with the definition for landscaped open area. That percentage rmy be reduced to as low as 111cF ~ the Thveloprrent Officer is satisfied with the design of a Certified Horticultural Technician or Architect. d A mininum e. For new construction and additions, the setbacks shall either rnxt the setback be screened ( as defined in this lot requirem:nt of 20 ft. or bonnclaries to soften the starkness of g. Bylaw) fromacljacent parcel the developrrent on the acljacent lot parcel warrants protection e.g. residential building ~ or a mmaged landscaped yard. or a business developrrent that developrrent with an attractive fa~, uses either an attractive fa~ e.g. professional office or a mmaged 1anclscaped yard to pronnte their establisllnEnt e.g. bed and breakfast establishm:nt. For existing buildings proposed to be converted because of a change in use and developrrent on the acljacent lot parcel warrants protection for the reasons given above, only the setback is waived. Any new buildings of a significantly larger scale ( i.e. either higher or greater floor area) than d\\ ellings on an acljacent lot parcel shall be so located on the lot parcel to lessen the irrpact on d\\ ellings on an acljacent lot parcel. Signs advertising the business shall be of a scale and style and so located that they will not conflict h with the streetscape. Ingress and egress points the f designed ~ the parking to ensure that any known area significant is to be accessed from any publidstreet/ road shall be traffic problem identified by the Traffic Authority is not further exacerbated. Section 3 Prohibiting the use of llDbile holIES for any use in this Zone Pursuant to Part 4, use Policy 3.b of the Planning Strategy, the use of a nnbile hOnE converted to operate any perrritted in this Zone is banned throughout the jurisdiction of this Zone. 48 PART 14 SERVICE BUSINESS/ RESIDENTIAL CORRIDOR ( SBR) ZONE Section 1 SBR Uses PenIitted Permits shall Thve10prrent only be issued in the SBR Zone for one or nnre of the following uses in corrpliance with any relevant section of the General Provisions Part, and any specific section of this Part devoted to the use. recreational - public only the following indoor and outdoor residential - only the following elling unit per 1, 500 sq. ft. of land on the lot parcel apntrnnt buildings at a density of 1 d\\ compliClJ1Le with the site plan approval if Section 2 provision'> dormitories of educational or religious affiliations e1lings that do not have the dimemiom qf mobile home defined by this By-law single detached d\\ townhouses at a density of 1 d\\ elling unit per 2,500 sq. ft. of land on the lot parcel in compliance with Section 2 a two unit In a~ d\\ e1lings service - only the following artist/artisan establisllnEnt in compliClJ1Le with the Site Plan Approval if Section 2 and provision<; 3 Section if provision'> arts/ entertainm:nt studio in compliClJ1Le with the Site Plan Approval if Section 2 and provision<; the PeiformarK:e ZDning 3 Section if provision'> business offices in compliClJ1Le with the Site Plan Approval if Section 2 and the provision'> PeiformarK:e ZDning if Section 3 provision'> comrrunity service in compliClJ1Le with the site plan approval if Section 2 ( except day provision'> care are listed below not subject to the and service residerK; e s which a<; community fGLilities Plan Site Approval nferenced provision'>). comrrunity service residences day care facility educational in compliClJ1Le with the if Section 4 provision'> service businesses in the Site Plan Approval with compliClJ1Le personal if Section 2 and provision<; the PeiformarK:e ZDning 3 Section if provision'> protective only thefollowing the PeiformarK:e ZDning coast guard stations fire judicial police residential Section 2 care d\\ e1lings Site Plan Approval Provisions Any land uses in the list of Permitted Uses of this Zone that reference this Section are subject to approval of a site plan pursuant to Sections 231 and 232 of the Mmicipal Governm:nt Act. ' The Thve10prrent Officer shall nrasure the degree of stringency in interpreting the criteria so that it correlates with the scale of the deve10prrent and each and every feature of the deve10prrent ( e.g. buildings, parking area etc.), and the proximity of the deve1oprrent, or any specific feature of it, to any other deve10prrent or streetscape intended to be protected by the criteria. a. ' The parking detached area d\\ e1lings and utility structures shall be screened from a to soften their starkness public street/road and by a corrbination of vegetation and fencing. any single 49 b. All its rennval is existing significant vegetation shall be retained except ~ construction of the developrrent. l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of necessary for the c. storm and surface water. d equivalent to 113m of the floor area of the building shall be in corrpliance with the the landscaped open area. That percentage rmy be reduced to as low as 111cF ~ is satisfied with the of a Horticultural Technician or Architect. Officer Certified Thveloprrent design A mininum definition for e. For new construction and additions, the setbacks shall either rnxt the setback requirem:nt of 20 ft. or be screened ( as defined in this f. g. Bylaw) fromacljacent lot parcel bonnclaries to soften the starkness of the building ~ the developrrent on the acljacent lot parcel warrants protection e.g. residential or a mmaged landscaped yard. or a business developrrent that developrrent with an attractive fa~, uses either an attractive fa~ e.g. professional office or a mmaged 1anclscaped yard to pronnte their establisllnEnt e.g. bed and breakfast establishm:nt. For existing buildings proposed to be converted because of a change in use and developrrent on the acljacent lot parcel warrants protection for the reasons given above, only the setback is waived. Any new buildings of a significantly larger scale ( i.e. either higher or greater floor area) than d\\ ellings on an acljacent lot parcel shall be so located on the lot parcel to lessen the irrpact on d\\ ellings on an acljacent lot parcel. the parking area is to be accessed from any public/street/road shall be Ingress and egress points ~ to ensure that known designed any significant traffic problem identified by the Traffic Authority is not further exacerbated. Section 3 Perfonnance Zoning Provisions All of the service business shall corrpile a errbellishm:nts, Non- metal or Masonry ade fa<; developrrents listed in Section 1 subject to Perforrmnce Zoning provisions points by incorporating any corrbination of the types of protuberances, or acljnncts listed below into the overall design of either a new or renovated building. total of 2 vinyl siding A minimum of 2 slopes on the roof veranda at least 2 times the width of the front door Street, facing a Bay, dormer, a or Street oriel windows or a Embellished arches protruding from the exterior wall Transoms over a door facing a Street or over a door facing a Street with a shape other than a Windows a point 2 points 2 points 1 point per 1 point per arch 1 point per canopy 1 point per transom 1 point 1 point protuberance rectangle Widow' s walk than points 1 exterior side wall Roof canopy square points 2 supported by pillars Domed turrets facing 2 exterior wall on an square or facing a Street with a shape other rectangle having a glass area measuring at least 4 square feet each Section 4 Storage Storage and Use of EquipllEnt Outdoors and use of equipn:Ent and machinery outdoors \Wrich is associated with the educational instruction other than playgronnd equipn:Ent shall not be pennitted within 2CX)ft. of a dwelling. 50 proximity of the feature of it, to any other developrrent, or any sp:rific intended to re protected by the criteria. a. ' Ihe parking detached area and utility structures shall re screened from a to soften their starkness d\\ e1lings by a developrrent public or streetscape street/road and any single corrbination of vegetation and fencing. b. All its rennval is existing significant vegetation shall re retained except ~ developrrent. l\ Ib1sures, including lot parcel grading, shall re required to adequately dispose of necessary for the construction of the c. storm and surface water. d equivalent to 113m of the floor area of the building shall re in corrpliance with the the landscaped open area. That percentage rmy re reduced to as low as 111cF ~ is satisfied with the of a Horticultural Technician or Architect. Officer Certified Thveloprrent design A mininum definition for e. For new construction and additions, the setbacks shall either rnxt the setback requirem:nt of 20 ft. or bonndaries to soften the starkness of re screened ( as defined in this Bylaw) fromacljacent lot parcel the developrrent on the acljacent lot parcel warrants protection e.g. residential building ~ or a mmaged landscaped yard. or a business developrrent that developrrent with an attractive fa~, uses either an attractive fa~ e.g. professional office or a mmaged landscaped yard to pronnte their establisllnEnt e.g. bed and breakfast establishm:nt. For existing buildings proposed to re converted because of a change in use and developrrent on the acljacent lot parcel warrants protection for the reasons given above, only the setback is waived. Any new buildings of a significantly larger scale ( i.e. either higher or greater floor area) than d\\ e1lings on an acljacent lot parcel shall re so located on the lot parcel to lessen the irrpact on d\\ e1lings on an acljacent lot parcel. the parking area is to re accessed from any public/street/road shall re Ingress and egress points ~ to ensure that known designed any significant traffic problem identified by the Traffic Authority is the f. g. not further exacerbated. Section 3 Service uses - site plan approval Any land uses in the list of Permitted Uses of this Zone that reference this Section are of site plan pursuant Sections 231 and 232 of the subject to approval Thveloprrent Governmnt Act. ' Ihe Mmicipal interpreting the criteria so that it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, parking area etc.), and the proximity of the developrrent, or any sp: rific feature of it, to any other developrrent or streetscape intended to re protected by the criteria. a Officer shall a. ' Ihe nrasure parking detached area d\\ e1lings to the degree of and utility structures shall re screened from a stringency to soften their starkness in by a public street/road and any single corrbination of vegetation and fencing. b. All its rennval is existing significant vegetation shall re retained except ~ construction of the developrrent. l\ Ib1sures, including lot parcel grading, shall re required to adequately dispose of necessary for the c. storm and surface water. d equivalent to 113m of the floor area of the building shall re in corrpliance with the the landscaped open area. That percentage rmy re reduced to as low as 111cF ~ is satisfied with the of a Horticultural Technician or Architect. Officer Certified Thveloprrent design A mininum definition for e. For new construction and additions, the setbacks shall either rnxt the setback requirem:nt of 20 ft. or re screened ( as defined in this Bylaw) fromacljacent lot parcel bonndaries to soften the starkness of the building ~ the developrrent on the acljacent lot parcel warrants protection e.g. residential or a mmaged landscaped yard. or a business developrrent that developrrent with an attractive fa~, uses either an attractive fa~ e.g. professional office or a mmaged landscaped yard to pronnte their establisllnEnt e.g. bed and breakfast establishm:nt. For existing buildings proposed to re converted because of a change in use and developrrent on the acljacent lot parcel warrants protection for the reasons given above, only the setback is waived. 53 f. g. buildings of a significantly larger scale ( i.e. either higher or greater floor area) than d\\ e1lings on an acljacent lot parcel shall be so located on the lot parcel to lessen the irrpact on d\\ e1lings on an acljacent lot:parcel. Signs advertising the business shall be of a scale and style and so located that they will not conflict h with the streetscape. Ingress and egress points Wlere the parking Any new designed to ensure that any known is to be accessed from any public/street/road shall be area significant traffic problem identified by the Traffic Authority is not further exacerbated. Section 4 Perfonnance Zoning Provisions No Thve10prrent Permit for any of the service business deve10prrents listed in Section 1 subject to Perforrmnce Zoning provisions shall be issued unless a total of 4 points is corrpiled by incorporating any corrbination of the types of protuberances, errbellislnrents, or acljnncts listed in the table on the next plge into the overall an design of either a new building, or any existing building subject to a change in use ancVor addition Non- metal or Masonry ade fa<; vinyl siding A minimum of 2 slopes on the roof veranda at least 2 times the width of the front door Street, facing a Bay, dormer, a or Street oriel windows or an Embellished arches protruding from the exterior wall Transoms over a door facing a Street or over a door facing a Street with a shape other than a Windows a point 2 points 2 points 1 point per 1 point per arch 1 point per canopy 1 point per transom 1 point 1 point protuberance rectangle Widow' s walk than points 1 exterior side wall Roof canopy square points 2 supported by pillars Domed turrets facing 2 exterior wall on an square or Street with facing rectangle having a glass a area other shape measuring at least a 4 square feet each Section 5 Storage and Use of EquipllEnt Outdoors and machinery outdoors \Wrich is associated with the educational Storage and use of equipn:Ent instruction other than playgronnd shall not be pennitted within 2CX)ft. of a dwelling. equipn:Ent 54 PART 16 RESIDENTIAL URBAN A (RUA) ZONE Section 1 RUA Uses PenIitted Permits shall Thveloprrent only be issued in the RUA Zone for one or nnre of the follo\W1g uses in with relevant section of the Provisions Part, and section of this Part General conpliance any any specific devoted to the use. recreational - only the following indoor and outdoor public residential - only the following elling unit per 1, 500 sq. ft. of land on the lot parcel in apntrnnt buildings at a density of 1 d\\ compliClJ1Le with the site plan approval if Section 2 provision'> e1lings that do not have the dimemiom qf mobile home defined by this By-law single detached d\\ townhouses at a density of 1 d\\ elling unit per 2,500 sq. ft. of land on the lot parcel in compliClJ1Le a a~ with Section 2 two unit d\\ e1lings service - only the following comrrunity service in compliClJ1Le with the site plan approval if Section 3 (except day provision'> carefGLilities and community service residerK; not subject to the es which are listed below a<; nferenced Site Plan Approval provision'>). comrrunity service residences cultural service day care educational in compliClJ1Le with the if Section 4 provision'> the with site compliClJ1Le plan approval if Section 3 provision'> the protective only following inns in coast guard stations fire judicial police residential Section 2 care d\\ elling ApartnEnts and Townhouses - All apartrnnt site plan approval subject approval of a site plan p ( ursuant to Sections 231 and micipal e the 232 of the M. Govermrent Act). ' Ihe Thveloprrent Officer shall approve a site plan ~ ure the degree of stringency follo\W1g nntters have been addressed. 'Ihe Thveloprrent Officer shall ~ in interpreting the criteria so that it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, parking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetsca~ intended to be protected by the criteria a. ' Ihe buildings parking detached area d\\ e1lings and townhouses and utility are to structures shall be screened from a to soften their starkness public street/road and by a corrbination of vegetation and fencing. b. All its rennval is existing significant vegetation shall be retained except ~ developrrent. l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of any single necessary for the construction of the c. storm and surface water. equivalent to 113m of the floor area of the building shall be in conpliance with the definition for landscaped open area. That percentage rmy be reduced to as low as 111cF ~ the Thveloprrent Officer is satisfied with the design of a Certified Horticultural Technician or Architect. d A mininum e. For new construction and additions, the setbacks shall either rnxt the setback be screened ( as defined in this the building ~ the lot requirem:nt of 20 ft. or bonndaries to soften the starkness of Bylaw) fromacljacent parcel developrrent on the acljacent lot parcel warrants protection e.g. residential 55 f. g. developrrent with an attractive fa93cle, or a mmaged 1andscapxl yard.or a business developrrent that uses either an attractive fa93cle e.g. professional office or a mmaged 1anclscaped yard to pronnte their establisllnEnt e.g. bed and breakfast establishm:nt. For existing buildings proposed to be converted because of a change in use and developrrent on the acljacent lot parcel warrants protection for the reasons given above, only the setback is waived. Any new buildings of a significantly larger scale ( i.e. either higher or greater floor area) than d\\ ellings on an acljacent lot parcel shall be so located on the lot parcel to lessen the irrpact on d\\ ellings on an acljacent lot parcel. Ingress and egress points Wlere the parking area is to be accessed from any public/street/road shall be designed to ensure that any known significant traffic problem identified by the Traffic Authority is not further exacerbated. Section 3 IIms and All new inns and a. ' The parking CollDIlIlity Services-site plan approval expmsions of existing inns and are suQject to approval of a site comrrunity service uses that increase the floor area by nnre than 10%, ure the degree of stringency in interpreting the criteria so that plan ' The Thveloprrent Officer shall ~ it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, parking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetscape intended to be protected by the criteria detached comrrunity area d\\ ellings and service utility uses that reference this Section and structures shall be screened from a to soften their starkness public street/road and by a corrbination of vegetation and fencing. b. All existing significant vegetation shall be retained except Wlere its rennval is developrrent. l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of any single necessary for the construction of the c. storm and surface water. d equivalent to 113m of the floor area of the building shall be in corrpliance with the 1andscapxl open area. That percentage rmy be reduced to as low as 111cF Wlere the Thveloprrent Officer is satisfied with the design of a Certified Horticultural Technician or Architect. A mininum definition for e. For new construction and additions, the setbacks shall either rnxt the setback be screened ( as defined in this lot requirem:nt of 20 ft. or bonnclaries to soften the starkness of f. Bylaw) fromacljacent parcel building Wlere the developrrent on the acljacent lot parcel warrants protection e.g. residential developrrent with an attractive fa93cle, or a mmaged 1andscapxl yard.or a business developrrent that uses either an attractive fa93cle e.g. professional office or a mmaged 1anclscaped yard to pronnte their establisllnEnt e.g. bed and breakfast establishm:nt. For existing buildings proposed to be converted because of a change in use and developrrent on the acljacent lot parcel warrants protection for the reasons given above, only the setback is waived. Signs advertising the business shall be of a scale and style and so located that they will not conflict g. with the streetscape. Ingress and egress points Wlere the parking the area designed to ensure that any known significant is to be accessed from any public/street/road shall be traffic problem identified by the Traffic Authority is not further exacerbated. Section 4 Storage and Use of EquipllEnt Outdoors and machinery outdoors \Wrich is associated with the educational Storage and use of equipn:Ent instruction other than playgronnd shall not be pennitted within 200 ft. of a dwelling. equipn:Ent 56 PART 17 RESIDENTIAL URBAN B ( RUB) ZONE Section 1 RUB Uses Pemitted Permits shall Thveloprrent only be issued in the RUB Zone for one or nnre of the following uses in with relevant section of the General Provisions Part, and any specific section of this Part conpliance any devoted to the use. recreational - only the following indoor and outdoor public residential - only the following elling unit per 3,(XX)sq. ft. of land on the lot parcel in apntrnnt buildings at a density of 1 d\\ compliClJ1Le with the site plan approval if Section 2 provision'> ellings that do not have the dimemiom qf mobile home defined by this By-law single detached d\\ townhouses at a density of 1 d\\ elling unit per 3,(XX)sq. ft. of land on the lot parcel in compliClJ1Le a a~ with Section 2 two unit d\\ ellings service - only the following comrrunity service in compliClJ1Le with the site plan approval if Section 3 (except day provision'> carefGLilities and community service residerK; not subject to the es which are listed below a<; nferenced Site Plan Approval provision'>). comrrunity service residences cultural service day care educational in compliClJ1Le with the if Section 4 provision'> the with site compliClJ1Le plan approval if Section 3 provision'> the protective only following inns in coast guard stations fire judicial police residential Section 2 care d\\ elling ApartnEnts and Townhouses - All apartrnnt site plan approval subject approval of a site plan p ( ursuant to Sections 231 and micipal e the 232 of the M. Govermrent Act). ' Ihe Thveloprrent Officer shall approve a site plan ~ ure the degree of stringency following nntters have been addressed. 'Ihe Thveloprrent Officer shall ~ in interpreting the criteria so that it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, parking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetsca~ intended to be protected by the criteria a. ' Ihe buildings parking detached area d\\ ellings and townhouses and utility are to structures shall be screened from a to soften their starkness public street/road and by a corrbination of vegetation and fencing. b. All its rennval is existing significant vegetation shall be retained except ~ developrrent. l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of any single necessary for the construction of the c. storm and surface water. equivalent to 113m of the floor area of the building shall be in conpliance with the definition for landscaped open area. That percentage rmy be reduced to as low as 111cF ~ the Thveloprrent Officer is satisfied with the design of a Certified Horticultural Technician or Architect. d A mininum e. For new construction and additions, the setbacks shall either rnxt the setback be screened ( as defined in this the building ~ the lot requirem:nt of 20 ft. or bonndaries to soften the starkness of Bylaw) fromacljacent parcel developrrent on the acljacent lot parcel warrants protection e.g. residential 57 f. g. developrrent with an attractive fa93cle, or a mmaged 1andscapxl yard.or a business developrrent that uses either an attractive fa93cle e.g. professional office or a mmaged 1anclscaped yard to pronnte their establisllnEnt e.g. bed and breakfast establishm:nt. For existing buildings proposed to be converted because of a change in use and developrrent on the acljacent lot parcel warrants protection for the reasons given above, only the setback is waived. Any new buildings of a significantly larger scale ( i.e. either higher or greater floor area) than d\\ ellings on an acljacent lot parcel shall be so located on the lot parcel to lessen the irrpact on d\\ ellings on an acljacent lot parcel. Ingress and egress points Wlere the parking area is to be accessed from any public/street/road shall be designed to ensure that any known significant traffic problem identified by the Traffic Authority is not further exacerbated. Section 3 All IIms and collDIlIlity Services-site plan approval comrrunity services, and expansions of existing inns and comrrunity service uses that are subject to approval of a site plan p by nnre than 10%, ( ursuant to Sections 231 and micipal e the 232 of the M. Govermrent Act). ' Ihe Thveloprrent Officer shall approve a site plan ~ nntters have been addressed. 'Ihe shall ~ ure the of Officer following Thveloprrent degree stringency in interpreting the criteria so that it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, parking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetscape intended to be protected by the criteria new inns and increase the floor a. ' Ihe parking detached area area and utility structures shall be screened from a to soften their starkness public street/road and any a single corrbination of vegetation and fencing. by existing significant vegetation shall be retained except Wlere its rennval is construction of the developrrent. l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of d\\ ellings b. All necessary for the c. storm and surface water. d equivalent to 113m of the floor area of the building shall be in corrpliance with the 1andscapxl open area. That percentage rmy be reduced to as low as 111cF Wlere the is satisfied with the design of a Certified Horticultural Technician or Architect. Officer Thveloprrent A mininum definition for e. For new construction and additions, the setbacks shall either rnxt the setback be screened ( as defined in this lot requirem:nt of 20 ft. or bonnclaries to soften the starkness of f. Bylaw) fromacljacent parcel building Wlere the developrrent on the acljacent lot parcel warrants protection e.g. residential developrrent with an attractive fa93cle, or a mmaged 1andscapxl yard.or a business developrrent that uses either an attractive fa93cle e.g. professional office or a mmaged 1anclscaped yard to pronnte their establisllnEnt e.g. bed and breakfast establishm:nt. For existing buildings proposed to be converted because of a change in use and developrrent on the acljacent lot parcel warrants protection for the reasons given above, only the setback is waived. Signs advertising the business shall be of a scale and style and so located that they will not conflict g. with the streetscape. Ingress and egress points Wlere the parking the designed to ensure that any known area significant is to be accessed from any public/street/road shall be traffic problem identified by the Traffic Authority is not further exacerbated. Section 4 Storage and Use of EquipllEnt Outdoors and use of and machinery outdoors \Wrich is associated with the educational Storage equipn:Ent instruction other than playgronnd shall not be pennitted within 2CX)ft. of a dwelling. equipn:Ent 58 PART 18 RESIDENTIAL URBAN C ( RUC) ZONE Section 1 RUe Uses Pemitted Permits shall Thveloprrent only be issued in the Rue Zone for one or nnre of the following uses in with relevant section of the General Provisions Part, and any specific section of this Part conpliance any devoted to the use. agricultural- ( all) except kemzels subject to Section 3 recreational - only the following exhibition fair gronncls at PID# 15018013 ( 105 Regent Street). ' The operation of acolTIIITI" cial recreational horse racing track at PID # 15018013 shall be suQject to a Thveloprrent Agreerrent in conpliance with Policy 13. b of Part 5 of the CBRMMmicipal PLanning Strategy. public indoor and outdoor residential - only the following that do not have the dimemiom qf mobile home defined by this By-law single detached dV\e1lings a two unit a~ dV\e1lings service - only the following comrrunity service in compliClJ1Le with the site plan approval if Section 2 (except day provision<; carefGLilities and community service residerK; not subject to the es which are listed below a<; nferenced Site Plan Approval provision<;). comrrunity service residences cultural service clay care educational in compliClJ1Le with the if Section 5 provision<; the with site compliClJ1Le plan approval if Section 2 provision<; the protective only following inns in coast guard stations fire judicial police residential Section 2 care dV\elling IIms and collDIlIlity services - All new inns and comrrunity service a. ' The parking site plan approval expansions of existing inns and are suQject to approval of a site comrrunity service uses that increase the floor area by nnre than 10%, ure the degree of stringency in interpreting the criteria so that plan ' The Thveloprrent Officer shall ~ it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, parking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetscape intended to be protected by the criteria detached area dV\e1lings b. All and utility uses that reference this Section. and structures shall be screened from a to soften their starkness public street/road and by a corrbination of vegetation and fencing. any its rennval is necessary existing significant vegetation shall be retained except ~ developrrent. l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of storm and single for the construction of the c. surface water. d e. equivalent to 113m of the floor area of the building shall be in conpliance with the definition for 1anclscaped open area. That percentage rmy be reduced to as low as 111cF ~ the Thveloprrent Officer is satisfied with the design of a Certified Horticultural Technician or Architect. For new construction and additions, the setbacks shall either nret the setback requirerrent of 20 ft. or be screened ( as defined in this Bylaw) fromacljacent lot parcel bonnclaries to soften the starkness of the building ~ the developrrent on the acljacent lot parcel warrants protection e.g. residential A mininum 59 f. deve10prrent with an attractive fa93cle, or a mmaged 1anclscapxl yard.or a business deve10prrent that uses either an attractive fa93cle e.g. professional office or a mmaged 1anclscaped yard to pronnte their establisllnEnt e.g. bed and breakfast establishm:nt. For existing buildings proposed to be converted because of a change in use and deve10prrent on the acljacent lot parcel warrants protection for the reasons given above, only the setback is waived. Signs advertising the business shall be of a scale and style and so located that they will not conflict g. with the streetscape. Ingress and egress points Wlere the parking area designed to ensure that any known significant is to be accessed from any public/street/road shall be traffic problem identified by the Traffic Authority is not further exacerbated. Section 3 a. b. c. Agricultural With the exception of kerme1s, the use of land.buildings, or structures for the prnposes of rearing and caring for aninnls as agriculture is defined in this By-law shall be permitted on lot parcels or tracts of land corrprised of a minimum of 1 acre. Existing agricultural buildings or structures on lot: parcels or tracts of land corrprised of less than 1 acre rmy be enlarged or reconstructed. elling other than a d\\ elling New agricultural buildings located within 200 feet from any d\\ occupied the owner of the shall be setback a mininum of feet from 50 by agricultural building any lot parcel bonnclary. Section 4 As \\ ell as NSP Uses Pemitted in RUe Zone in North the Rue uses and their respective provisions, all NSP Zone requirerrents shall be permitted in the ft. buffer aronnd the NSP Zone Section 5 Storage as area uses Sydney permitted in the NSP Zone of the RUe Zone in North illustrated NSP Zone Buffer on the Land Use subject to the within the 100 Sych1ey By-law Mlp. Storage and Use of EquipllEnt Outdoors and use of equipn:Ent and machinery outdoors \Wrich is associated with the educational instruction other than playgronnd equipn:Ent shall not be pennitted within 200 ft. of a dwelling. j) PART 19 RESIDENTIAL URBAN D ( RUD) ZONE Section 1 RUD Uses PenIitted Permits shall Thveloprrent only be issued in the RUD Zone for one or nnre of the follo\W1g uses in with relevant section of the Provisions Part, and section of this Part General conpliance any any specific devoted to the use. agricultural) except ketmels subject to Section 3 recreational - only the following public indoor and outdoor residential - only the following nnbile hone> single detached two unit d\\ ellings d\\ ellings service - only the following comrrunity service in compliClJ1Le with the site plan approval if Section 3 (except day provision<; carefGLilities and community service residerK; not subject to the es which are listed below a<; nferenced Site Plan Approval provision<;). comrrunity service residences cultural service clay care ech1cational inns in compliClJ1Le with the site plan approval protective only thefollowing coast guard if Section 2 provision<; stations fire judicial police residential Section 2 All care d\\ elling IIms and collDIlIlity services - inns and comrrunity service site plan approval expansions of existing inns and are suQject to approval of a site by nnre than 10%, ure the degree of stringency in interpreting the criteria so that Officer shall ~ it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, parking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetscape intended to be protected by the criteria new comrrunity service uses plan ' The Thveloprrent a. ' The parking detached area uses that reference this Section. and that increase the floor and utility area structures shall be screened from a to soften their starkness public street/road and any a single corrbination of vegetation and fencing. by its rennval is existing significant vegetation shall be retained except ~ construction of the developrrent. l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of d\\ ellings b. All necessary for the c. storm and surface water. d equivalent to 113m of the floor area of the building shall be in conpliance with the the landscaped open area. That percentage rmy be rech1ced to as low as 111cF ~ is satisfied with the of a Horticultural Technician or Architect. Officer Certified Thveloprrent design A mininum definition for e. For new construction and additions, the setbacks shall either rnxt the setback be screened ( as defined in this lot requirem:nt of 20 ft. or bonnclaries to soften the starkness of Bylaw) fromacljacent parcel the developrrent on the acljacent lot parcel warrants protection e.g. residential building ~ or a mmaged landscaped yard. or a business developrrent that developrrent with an attractive fa~, uses either an attractive fa~ e.g. professional office or a mmaged landscaped yard to pronnte their the 61 establisllnEnt f. existing buildings proposed to be converted because of a change in use and deve10prrent on the acljacent lot:parcel warrants protection for the reasons given above, only the setback is waived. Signs advertising the business shall be of a scale and style and so located that they will not conflict g. with the streetscape. Ingress and egress points Wlere the parking designed e.g. bed and breakfast to ensure that any known establishm:nt. For area significant is to be accessed from any public/street/road shall be traffic problem identified by the Traffic Authority is not further exacerbated. Section 3 a. Agricultural With the exception of kerme1s, the use of land.buildings, or structures for the prnposes of rearing and as agriculture is defined in this By-law shall be permitted on lot parcels or tracts of caring land corrprised of a minimum of 1 acre. Existing agricultural buildings or structures on lot: parcels or tracts of land corrprised of less than 1 acre rmy be enlarged or reconstructed. elling other than a d\\ elling New agricultural buildings located within 200 feet from any d\\ occupied the owner of the shall be setback a mininum of feet from lot 50 by agricultural building any parcel bonnclary. for aninnls b. c. 62 PART 20 RESIDENTIAL HERITAGE DWELLING ( RHD) ZONE Section 1 RID)Uses PenIitted Thve10prrent Permits shall only be issued in the RHO Zone for one or nnre of the follo\W1g uses in conpliance with any relevant section of the General Provisions Part, and any specific section of this Part devoted to the use. recreational - public only the following indoor and outdoor residential - only the following that do not have the dimemiom qf single detached dV\e1lings two unit a mobile home defined by this By-law a~ dV\e1lings service - only the following comrrunity service in compliClJ1Le with the site plan approval if Section 4 (except day provision<; carefGLilities and community service residerK; not subject to the es which are listed below a<; nferenced Site Plan Approval provision<;). comrrunity service residences day care educational in compliClJ1Le with the if Section 5 provision<; inns in compliClJ1Le with the site plan approval if Section 4 provision<; protective only thefollowing coast guard stations fire judicial police residential Section 2 a. care Lot Parcel No standard mininum lot determined DevelopllEnt RequirellEnts parcel area requirerrent is irrposed. 'The mininum lot parcel area will be building footprint and conpliance with the setback corrbination of the size of the by requirerrents. :Main building setbacki<from a public street/ road 10 foot nIninnnn (refer to exception below) 20 foot maxiInnn (refer to exception below) The above listed m: rin building setrnck rmy be waived to preserve any tree with a mininumheight of of the building is located within the rear half of the lot parcel. 15 feet, provided no nnre than 49% 01 a comer lot:parcel the rear half of the lot parcel shall be closest to the property bonnclary furthest and yard b. dV\elling a area from the tree. 7he minimwn setlxK;k for buildings on a comer lot parcel shall only be applicable for the yard building isfGLing. mininumheight = storey and Yz with the follo\W1g three exceptions: e a garage is attached to the m: rin building; or provided no nnre than 25% of the total floor area of the m:rin building is on the part of the first where the main c. entrClJ1Le to the floor with no second floor above it; or the height of the first floor exceeds 20 ft. d ' The roof of each m: rin two e. building (excluding an attached garage or veranda) nust have a mininum of slopes. Any detached accessory building, including a nntor vehicle garage, shall be located in the rear yard The floor area of any detached accessory building shall not:exceed 30% of the floor area of the m: rin 63 building it is accessory to. A motor vehicle garage may be attached to the main building provided: the footprint of the garage does not exceed 25% of the floor area of all floors of the main building (excluding the garage) above grade and the footprint of the garage does not exceed 50% of the footprint of the main building. the nIninnnn setback of the garage from the public street/ road shall be equal to the setback 1 of the front mill of the main building plus foot (e.g. if the front wall of the main building is setback 10 ft.from the public street/ road, the garage 11UI.St be setback at least 11 ft.from the public street/ road) f. lliveway or parking spaces shall be prohibited from the part of the front yard directly bemeen the front wall of the nnin building (excluding an attached garage) and the public street/ road.except by nrans of site plan approval provisions ( Govermrent pursuant to Sections 231 and 232 of the M.micipal Act) that incorporate a 1anclscaping plan that buffers the chiveway or parking space from the public street/road g. h FIre escapes are not permitted along the exterior wall of a building facing a Street. All nnin buildings shall be oriented on the lot parcel within 85% of being parallel with the Street except:for: comer lot parcels; lot parcels with at least 50% of their lot parcels with frontage along a cul-de- sac; and equal greater than 15,CXX) sq.ft. to take ITEXinum benefit of passive the widest side of the nnin building in a southerly clirection HO\\ ever, orienting to or an area solar energy by the exterior wall of any nnin building with a length of 45 ft. or nnre on lot parcels greater than 15,CXX) sq.ft. shall be setback from the property bonnclary it is facing a mininumof 8 ft. Section 3 Perfonnance For I1h and 2 acljnncts incorporating on Zoning Provisions storey main buildings, the roof designs, ornarnntal the nnin building or single detached any corrbination of the types of into the overall nnin buildingfde\ l ing design. d\\ elling errbellishm:nts, nust = a errbellishm:nts, protuberances, protuberances, or points by acljnncts listed below mininum of 5 or For hmunit dwellings, the roof designs, ornarnntal errbellisllnEnts, protuberances, or acljnncts on the building mininum average of 6 points by incorporating any corrbination of the of elling types protuberances, embellisllnEnts, or acljnncts listed below into the overall d\\ design. nust = a per d\\ elling ROOF DESIGNS A with four dwelling over a or more roof slopes, excluding points dwelling facing a 2 points 3 points AND ADJlNcrs verandas attached to either the front Street, 2 dormer PROIl.JBERANCES which the roof are or supported by pillars, with at least one floor of the veranda and the established veranda side of the at least 3 times the width of the front door on Performance duplex dwelling Zoning points. a cannot step between the grade. A 2nd storey be used to calculate verandas extending the entire width of the exterior wall of the dwelling facing a Street, supported by pillars, with at least one step between the floor of the veranda and the established 64 2nd storey A grade. veranda duplex dwelling Zoning points. on a used to calculate Performance cannot be Domed turrets Bay, dormer, and oriel windows that the dwelling' s lot can be seen from a Street 3 points 1 point per 1 point per arch 1 point per dome 1 point per transom 1 point 1 point 2 points protuberance fronts parcel ORNAMENTAL EMBELLISHMENTS Embellished arches over a door facing a street Roof domes Transoms square or over a door facing a Street with a shape other than a rectangle Widow' s walk Windows than a on an square exterior wall or facing rectangle having Street with a glass a area other shape measuring a per window at least 4 square feet each Exterior cladding Section 4 All other than metal IIms and or vinyl siding collDIlIlity Services-site plan approval expansions of existing inns and comrrunity by suQject to approval of a site The shall ~ ure the of in Officer plan ' Thveloprrent degree stringency interpreting the criteria so that it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, parking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetscape intended to be protected by the criteria new inns and comrrunity service service a. ' The parking detached uses area d\\ ellings uses that reference this Section. and that increase the floor and utility area nnre than 10%, are structures shall be screened from a to soften their starkness by a public street/road and any single corrbination of vegetation and fencing. b. All its rennval is existing significant vegetation shall be retained except ~ construction of the developrrent. l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of necessary for the c. storm and surface water. d equivalent to 113m of the floor area of the building shall be in corrpliance with the the landscaped open area. That percentage rmy be reduced to as low as 111cF ~ is satisfied with the of a Horticultural Technician or Architect. Officer Certified Thveloprrent design A mininum definition for e. For new construction and additions, the setbacks shall either rnxt the setback requirem:nt of 20 ft. or be screened ( as defined in this f. Bylaw) fromacljacent lot parcel bonnclaries to soften the starkness of the building ~ the developrrent on the acljacent lot parcel warrants protection e.g. residential or a mmaged landscaped yard. or a business developrrent that developrrent with an attractive fa~, uses either an attractive fa~ e.g. professional office or a mmaged 1anclscaped yard to pronnte their establisllnEnt e.g. bed and breakfast establishm:nt. For existing buildings proposed to be converted because of a change in use and developrrent on the acljacent lot parcel warrants protection for the reasons given above, only the setback is waived. Signs advertising the business shall be of a scale and style and so located that they will not conflict g. with the streetscape. Ingress and egress points designed ~ the parking to ensure that any known area significant is to be accessed from any public/street/road shall be traffic problem identified by the Traffic Authority is not further exacerbated. 65 Section 2 ~ ufacturing and FIShery uses The mmufacturing and fishery uses identified in the WNZ list of Permitted Uses Section shall be permitted in the WNZ Zone on lot parcels located bemeen a public street/road and a harbour or on lot parcels abutting a harbour. Fish offal reduction plants shall only be permitted in the WNZ Zone by developrrent agreerrent in conpliance with the criteria of Part 6, policy 3.c of the Mmicipli PLanning Strategy. The sale of fishery produce a<; an GLcessory e to a e shall be a u<; fishery u<; permitted use. Section 3 Outdoor Storage O1tdoor storage of fishery equiprrent is permitted in any yard other than the yard bemeen the public street/road and the nearest m:rin building (to the public street/road) on the lot:parcel. Section 4 Service uses site - plan approval The Thveloprrent Officer shall approve a site plan (pursuant to Sections 231 and 232 of the Municipal Act) ~ e the following nntters have been addressed. ' The Thveloprrent Officer shall GoVerru:reIlt ure the degree of stringency in the criteria interpreting so that it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, parking area etc.), and the proximity of the developrrent, or any sp:rific feature of it, to any other developrrent or streetscape intended to be protected by the criteria. a. ' The parking detached area d\\ e1lings and utility structures shall be screened from a to soften their starkness by a public street/road and any single corrbination of vegetation and fencing. b. All its rennval is existing significant vegetation shall be retained except ~ developrrent. l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of necessary for the construction of the c. storm and surface water. f. equivalent to 113m of the floor area of the building shall be in conpliance with the the landscaped open area. That percentage rmy be reduced to as low as 111cF ~ is satisfied with the of a Horticultural Technician or Architect. Certified Thveloprrent Officer design Any new buildings of a significantly larger scale ( i.e. either higher or greater floor area) than d\\ e1lings on an acljacent lot parcel shall be so located on the lot parcel to lessen the irrpact on d\\ e1lings on an acljacent lot:parcel. Signs advertising the business shall be of a scale and style and so located that they will not conflict g. with the streetscape. Ingress and egress points d A mininum definition for e. the parking ~ area designed to ensure that any known significant is to be accessed from any public/street/road shall be traffic problem identified by the Traffic Authority is not further exacerbated. Section 5 Storage Storage and Use of EquipllEnt Outdoors and use of equipn:Ent and machinery outdoors \Wrich is associated with the educational instruction other than playgronnd Section 6 equipn:Ent shall not be pennitted within 2CX)ft. of a dwelling. Prohibiting the use of llDbile holIES for any use in this Zone Pursuant to Part 4, use Policy 3.b of the Planning Strategy, the use of a nnbile hOnE converted to operate any perrritted in this Zone is banned throughout the jurisdiction of this Zone. 68 PART 22 PURVES STREET ( PSZ) ZONE Section 1 PSZ Uses PenIitted Permits shall Thveloprrent only be issued in the PSZ Zone for one or nnre of the follo\W1g uses in with relevant section of the Provisions Part, and section of this Part General conpliance any any specific devoted to the use. recreational - public only the following indoor and outdoor residential single develo)lIIEnt detached dV\e1lings two unit only the following that do not have the dimemiom qf a mobile home a~defined by this By-law dV\e1lings sales - only the following boutiques in compliClJ1Le with the site plan approval if Section 2 provision<; service - only the following comrrunity service in compliClJ1Le with the site plan approval if Section 2 (except day provision<; carefGLilities and community service residerK; not subject to the es which are listed below a<; Plan Site Approval nferenced provision<;). comrrunity service residences cultural service clay care educational in compliClJ1Le with the if Section 4 provision<; inns in compliClJ1Le with the site plan approval if Section 2 provision<; personal service business in compliClJ1Le with the site plan approval protective only thefollowing coast if Section 2 provision<; stations guard fire judicial police residential care restaurants in Section 2 Site dV\elling compliClJ1Le with the site plan approval if Section 2 provision<; plan approval provisions Any land uses in the list of Permitted Uses of this Zone that reference this Section are of site plan pursuant Sections 231 and 232 of the subject to approval Thveloprrent Act. ' The Mmicipal interpreting the criteria so that it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, parking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetscape intended to be protected by the criteria. a Officer shall a. ' b. c. The nrasure to the degree and utility of stringency Governm:nt in public street/road and any single detached dV\e1lings to soften their starkness by a corrbination of vegetation and fencing. All existing significant vegetation shall be retained except ~ its rennval is necessary for the construction of the developrrent. l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of storm and surface parking area structures shall be screened from a water. d equivalent to 113m of the floor area of the building shall be in conpliance with the the landscaped open area. That percentage rmy be reduced to as low as 111cF ~ Thveloprrent Officer is satisfied with the design of a Certified Horticultural Technician or Architect. A mininum definition for e. For new construction and additions, the setbacks shall either rnxt the setback be screened ( as defined in this lot requirem:nt of 20 ft. or bonnclaries to soften the starkness of Bylaw) fromacljacent parcel the developrrent on the acljacent lot parcel warrants protection e.g. residential building ~ or a mmaged landscaped yard. or a business developrrent that developrrent with an attractive fa~, the 69 f. mmaged 1anclscaped yard to pronnte their establisllnEnt e.g. bed and breakfast establishm:nt. For existing buildings proposed to be converted because of a change in use and deve10prrent on the acljacent lot parcel warrants protection for the reasons given above, only the setback is waived. Signs advertising the business shall be of a scale and style and so located that they will not conflict g. with the streetscape. Ingress and egress points Wlere the parking uses either an attractive fa93de e.g. professional office area designed to ensure that any known significant or a is to be accessed from any public/street/road shall be traffic problem identified by the Traffic Authority is not further exacerbated. Section 3 As \\ ell NSP Uses Pemitted in PSZ Zone in North the PSZ uses and their respective Section 4 Storage provisions, all Sydney permitted in the NSP Zone subject to the NSP Zone requirerrents shall be permitted in the area of the PSZ Zone in North Sych1ey within the 100 ft. buffer aronnd the NSP Zone as illustrated NSP Zone Buffer on the Land Use By1aw:Map. as uses Storage and Use of EquipllEnt Outdoors and use of equipn:Ent and machinery outdoors \Wrich is associated with the educational instruction other than playgronnd equipn:Ent shall not be pennitted within 2CX)ft. of a dwelling. 70 PART 23 WOLFE STREET NEIGHBOURHOOD (WSN) ZONE Section 1 '-' SN Uses PenIitted Thveloprrent Permits shall only be issued in the \VSN Zone for one or nnre of the following uses in corrpliance with any relevant section of the General Provisions Part, and any specific section of this Part devoted to the use. recreational - only the following indoor and outdoor public carrpgronnds compliClJ1Le with the site plan approval if Section 2 provision<; residential develo)lIIEnt only the following nnbile hone> only on lot parcels that do not front along Wolfe Street that do not have the dimemiom qf mobile home defined by this By-law single detached dV\ellings in a two unit a~ dV\ellings service - only the following boutiques in compliClJ1Le with the site plan approval if Section 2 provision<; service in the with site compliClJ1Le plan approval comrrunity if Section 2 (except day provision<; care not subject to the fGLilities and community service residerK;es which are listed below a<; nferenced Site Plan Approval provision<;). comrrunity service residences cultural service clay care educational in compliClJ1Le with the if Section 3 provision<; hotels and nntels in compliance with the site plan approval if Section 2 provision<; inns in compliClJ1Le with the site plan approval Section 2 if provision<; personal service business in compliClJ1Le with the site plan approval if Section 2 provision<; the protective only following coast guard stations fire judicial police residential care dV\elling compliClJ1Le with the site plan approval tourist cottages in compliClJ1Le with the site plan approval restaurants in Section 2 Site if Section 2 provision<; if Section 2 provision<; plan approval provisions Any existing boutiques, carrpgronnds, hotels, inns, personal service business, restaurants, or tourist cottages are permitted at their existing site and only subject to the norrml lot parcel developrrent provisions of this By-law. All new boutiques, carnpgronnds, comrrunity services ( except clay care facilities and comrrunity service residences), hotels, inns, personal service business, restaurants, or tourist GoVernIIEnt cottages are suQject to approval of a site plan p ( ursuant to Sections 231 and 232 of the M.micipal Act). ' Ihe Thveloprrent Officer shall approve a site plan ~ the following rmtters have been addressed. 'Ihe Thveloprrent Officer shall ~ ure the degree of stringency in interpreting the criteria so that it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, parking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetscape intended to be protected by the criteria a. ' Ihe parking detached b. All area dV\ellings and utility structures shall be screened from a to soften their starkness existing significant vegetation developrrent. by a public street/road and any single corrbination of vegetation and fencing. shall be retained except ~ its rennval is necessary for the construction of the 71 c. l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of storm and surface water. d equivalent to 113m of the floor area of the building shall be in corrpliance with the the landscaped open area. That percentage rmy be reduced to as low as 111cF ~ is satisfied with the of a Horticultural Technician or Architect. Officer Certified Thveloprrent design A mininum definition for e. For new construction and additions, the setbacks shall either rnxt the setback be screened ( as defined in this lot requirem:nt of 20 ft. or bonndaries to soften the starkness of f. Bylaw) fromacljacent parcel the developrrent on the acljacent lot parcel warrants protection e.g. residential building ~ or a mmaged landscaped yard. or a business developrrent that developrrent with an attractive fa~, uses either an attractive fa~ e.g. professional office or a mmaged landscaped yard to pronnte their establisllnEnt e.g. bed and breakfast establishm:nt. For existing buildings proposed to be converted because of a change in use and developrrent on the acljacent lot parcel warrants protection for the reasons given above, only the setback is waived. Signs advertising the business shall be of a scale and style and so located that they will not conflict g. with the streetscape. Ingress and egress points the designed ~ the parking to ensure that any known area significant is to be accessed from any public/street/road shall be traffic problem identified by the Traffic Authority is not further exacerbated. Section 3 Storage and Use of EquipllEnt Outdoors and machinery outdoors \Wrich is associated with the educational Storage and use of equipn:Ent instruction other than playgronnd shall not be pennitted within 2CX)ft. of a dwelling. equipn:Ent 72 PART 29 NORTHSIDE BUSINESS PARK (NBP) ZONE Section 1 NBP Uses PenIitted Permits shall Thveloprrent only be issued in the NBP Zone for one or nnre of the following uses in with relevant section of the General Provisions Part, and any specific section of this Part corrpliance any devoted to the use. forestry - only the following : splitting and retailing of firewood manufactming - ( all) recreational- ( all) both public and business establishment except racetracks for motor vehicles sales - ( all) service - only the following accomrrrxlations hotelslnntels alcohol aninnl beverage service care artist/artisan establisllnEnt entertainm:nt studio arts/ asserrb1y halls business halls business offices comrrunity service (e.g. places contractor general contractor specialized trades of worship, private service clubs) crerrntorillIIE cultural service (e.g. llllSellIIE) educational service enterta.inmnt service (e.g. nnvie theatres) funeral hOnE health care heavy equiprrent depots irrponnd yard and operational yards nntor vehicle fuel service and nntor vehicle cleaning rep:rir and towing personal service printing and newsplper establisllnEnt protective recycling facility reparr servlce restaurant scientific establishm:nt self-storage facilities service corrp1ex traffiportation - (all) utility - only the following generationltreatmn : t/disposal facility transnission Section 2 NBP MninInn public street/ road frontage a. All lot parcels in the NBP Zone shall have b. Exception to this Provision a requirellEnts mininum public street/road frontage of 150 ft. 78 Ihe 150 ft. sarre provision of this Section rmy be waived Wlere two or nnre acljacent lot parcels share the entrance/exit rarrps provided: parcels affected that are shared with the public street/road bonnclary shall have a corrbined length of at least 150 ft.; an easem:nt describing the entrance/ exit rarrp and any chiveway leading to the acljacent lot parce1( s) serviced by the entrance/exit rarrp is included in the deed clescription of the lot parce1( s) on Wllch the easerrent is/are over; and the present owners of the lot parcels benefiting from this provision provide an affidavit or restrictive covenant relinquishing any rights for additional public street/road entrance/exit rarrps the boundaries of the lot to their Section 3 a. property. Outdoor O1tdoor display is Display and Storage permitted. b. O1tdoor storage of aggregate rmterial and miscellaneous rmterials used in the ation O( fl" of the nnin use shall be prohibited in any yard bemeen a nnin building and the public street/ road. Where it is c. d e. permitted. it shall be screened from a public street/road to soften the starkness by a corrbination of a continuous fence, wall, vegetation and fencing. ' Ihe definition of screen in the By-law ~ corrpact evergreen hedge or corrbination thereof, supp1enEnted with landscape planting that effectively screens the property Wllch it encloses. Used bodies or parts of autonnbiles or used bodies or parts of other vehicles, rmchinery or equipnEnt is prohibited. O1tdoor storage or parking of operable vehicles, equiprrent and rmchinery used in the ation O( fl" of the business ( except rail cars used by a developrrent utilizing rail transportation) shall be prohibited in any yard bemeen a nnin building and l\ Iennrial ive. Such storage or parking is restricted to the rear yard throughout the NBP Zone unless it is a parking area for operable equiprrent frarred in a landscaped open space at least 1.5 nEters in width designed and completed by a Certified Horticultural Technician or Architect sIXXializing in landscape installation that corrplies with the definition of this By-law for landscaped open area. no outdoor storage or parking area shall be introduced in a yard abutting a yard on an acljacent lot parcel unless it is effectively screened from the abutting yard. or is frarred in a 1anclscaped open space at least 1.5 nEters in width designed and corrp1eted by a Certified Horticultural Technician or Architect sIXXializing in landscape installation that corrplies with the definition of this By-law for 1anclscaped open area. Section 4 All buildings, existed on shall be a Setback from Dwellings structures and outdoor the elate this mininum of Section 5 storage areas shall be a mininum of 250 feet from any By-law carre into effect. All parking lots/areas elling. 100 feet fromany such d\\ and traffic lanes on a d\\ elling that lot parcel Prohibiting the use of llDbile holIES for any use in this Zone Pursuant to Part 4, use Policy 3.b of the Planning Strategy, the use of a nnbile hOnE converted to operate any perrritted in this Zone is banned throughout the jurisdiction of this Zone. 79 PART 30 SYDPORTjSYSCO INDUSTRIAL PARKS ( SIP) ZONE Section 1 SIP Uses PenIitted Permits shall Thveloprrent only be issued with relevant section of the conpliance any in the SIP Zone for one or nnre General Provisions Part, and any of the specific following uses in section of this Part devoted to the use. forestry - only the following : splitting and retailing of firewood all) manufactming - ( exceptfish offal reduction plants(nifer to Section 5) recreational- ( all) both public and business establishment except racetracks for motor vehicles sales - ( all) service - only the following general contractor specialized trades contractor crerrntorillIIE health care heavy equiprrent depots and operational yards irrponnd yards nntor vehicle rep:rir, fuel service, cleaning, and towing printing and newsplper establisllnEnt protective recycling rep:rir associated with any mrrine use reparr servlce recycling facility scientific self-storage facilities Wlo1esale traffiportation - (all) utility - only the following generationltreatmn : t/disposal facility transnission Section 2 Sales shall be Section 3. Special a Condition - Sales permitted accessory use to any m:rin use listed in Section 1. Hard Services For the prnposes of this Part, and in addition to their norrml ~, and public street/road shall ~ those owned and nnintained by piped water, sanitary a Federal, or se\\ cr system Provincial Gown Corporation Section 4 Outdoor Display and Storage O1tdoor display and storage shall be permitted. Section 5 Fish Offal Reduction Plants Fish offal reduction plants shall conpliance only be permitted in the SIP Zone by developrrent agreemnt in Mmicipli PLanning Strategy. with the criteria of Part 6, policy 3.c of the 80 PART 36 PRIME BROOK INDUSTRIAL (IPB) ZONE Section 1 IPB Uses PenIitted Permits shall Thveloprrent only be issued with relevant section of the conpliance any in the IPB Zone for one or nnre General Provisions Part, and any of the specific following uses devoted to the use. manufactming - ( all) exceptfish offal reduction plants sales - only the follomng warehouses service - only the following specialized trades contractor crerrntorillIIE heavy equiprrent depot and operational yards nntor vehicle rep:rir, fuel service, cleaning, and towing reparr servlce recycling facility - only the following collection depot parts separation self-storage facilities Wlo1esale traffiportation - (all) except coal retail distributionfacilities Section 2 Ihe lot:parcel IPB Lot Parcel developrrent DevelopllEnt RequirellEnts requirem:nts MINIMUM PUBLIC STREET/ ROAD for all permitted uses in the IPB Zone are as follows: 50 feet FRONTAGE MINIMUM BUILDING SETBACK 10 feet from a 10 feet from a main use Outdoor shared with a public shared with a street/ road property where the is residential 50 feet from Section 3 boundary boundary a dwelling in another in section of this Part zone Display and Storage O1tdoor display is permitted. O1tdoor storage shall be permitted in all yards except bemeen the public street/road and the nearest m: rin building. 86 PART 37 PRIME BROOK SALES/ SERVICE ( SSP) ZONE Section 1 SSP Uses PenIitted Permits shall Thveloprrent only be issued with relevant section of the corrpliance any in the SSP Zone for one or nnre General Provisions Part, and any of the specific following uses in section of this Part devoted to the use. agricultural uses - ( all) fishery uses - ( all) forestry all forestry uses including sawmills splitting,chunking and retailing or mroIesaling of forestry products in compliance with Section 8 manufactming - only the following an optional e at the site if an abandonedfishery products processing establishment u<; asserrb1ya<; or agricultural building forestry products mmufacturing in compliClJ1Le with Section 4 mining products mmufacturing in compliClJ1Le with Section 4 recreational- only the following all except racetracks for nntor vehicles and carrpgronnd residential- only the following nnbile hone> single detached d\\ ellings travel trailers two unit d\\ ellings sales - ( all) subject to Section 2 service (all) suliect to Section 2 traffiportation uses - ( Section 2 all) subject to Section 2 Sales/service DevelopllEnts and Residential DevelopllEnt Any nnin buildings associated with a sales or service use shall be effectively screened from any within 300 feet by an opaque vegetative, or topographic screen. or corrbination thereof. Section 3 SSP Lot Parcel d\\ elling DevelopllEnt RequirellEnts for Residential Development Ihe lot:parcel Section 4 developrrent permitted residential uses in the SSP Zone are as follows: 2 ACRES MINIMUM PUBLIC STREET/ ROAD FRONTAGE 275 feet Mning products manufactming of 1, 200 feet frama Where the for all MINIMUM LOT PARCEL AREA All nnin buildings associated with Section 5 requirem:nts a mining products mmufactming land use shall be setback a mininum d\\ elling. Boundary not to be adjusted bonnclary of this Zone does not follow a lot parcel bonnclary it is not to be altered. intended to represent a It is setrnck 87 PART 38 DONKIN HIGHWAY BUSINESS AND MANUFACTURING DBM) ZONE Section 1 DBMUses Pemitted Permits shall Thveloprrent only be issued in the DBM Zone for one or nnre of the following uses in with relevant section of the General Provisions Part, and any specific section of this Part conpliance any devoted to the use. Manufacturing - only the following asserrb1y sales - ( all) service - ( all) except contractor general heavy equiprrent depots heavy equiprrent depots and operational yards nntor vehicle rep:rir, fuel service, cleaning, and towing recycling facility using outdoor storage Section 2 Outdoor O1tdoor display is Display and Storage permitted. O1tdoor storage shall be permitted in all m: rin building. yards except between the public street/road and the nearest 88 PART 39 Section 1 SERVICE INDUSTRIAL (SIZ) ZONE SIZ Uses PenIitted Permits shall Thveloprrent only be issued with relevant section of the conpliance any in the SIZ Zone for of the one or nnre General Provisions Part, and any specific following uses devoted to the use. forestry - only the following : splitting and retailing of firewood sales - only the following warehouses service - only the following general contractor specialized trades ational yards heavy equiprrent depots and ~ irrponnd yards nntor vehicle rep:rir, fuel service, cleaning, and towing recycling facilities contractor reparr servlce self storage facilities Section 2 Ihe lot:parcel SIZ Lot Parcel developrrent DevelopllEnt RequirellEnts requirem:nts for all permitted uses in the IDG Zone are as follows: MINIMUM LOT PARCEL AREA NIL MINIMUM PUBLIC STREET/ ROAD 50 feet FRONTAGE MINIMUM BUILDING SETBACK 10 feet from a 10 feet from a main use Outdoor shared with a public street/ road shared with a property where the is residential 50 feet from Section 3 boundary boundary a dwelling in another zone Display and Storage O1tdoor display and storage shall be permitted. Section 4 All new Mltor Vehicle Public street/road Access - New Land Uses land uses, other than expansion of those existing prior to 2005 General Provision. shall be required to provide nntor vehicle Avenue only. access or those land uses to the site in section of this Part permitted as a directly via Connaught 89 PART 40 SMALL URBAN COMMUNITIES ( UCS) ZONE Section 1 ues Uses PenIitted Permits shall Thveloprrent only be issued in the ues Zone for one or nnre of the following uses in with relevant section of the General Provisions Part, and any specific section of this Part corrpliance any devoted to the use. agricultural uses - ( all) fishery uses - ( all) manufactming - only the following subject to Section 3 an optional e at the site u<; if an abandonedfishery products processing asserrb1ya<; establishment or agricultural building fishery products mmufactming exceptfish c!ffal reduction plants( nfer to Section 3) recreational- only the following public indoor and outdoor residential develo)lIIEnt only the following nnbile hone> single detached two unit sales - d\\ e1lings d\\ e1lings only the following sale of fishery produce general warehouse an a<; e to a u<; an GLcessory a<; store and service centers in optional e at u<; fishery e. u<; with the site plan compliClJ1Le approval if SectionS provision<; an if abandonedfishery products processing the site establishment olesale an a<; optional e at u<; the site if an abandonedfishery products processing establishment service - only the following business offices comrrunity service comrrunity service residences cultural service educational in compliClJ1Le with the if Section 7 provision<; approval hotels up to 10 units in compliClJ1Le with the site plan inns in compliClJ1Le with the site plan approval if Section 6 provision<; if Section 6 provision<; lllll1I1aS protective only thefollowing coast guard stations fire judicial police residential care self-storage d\\ e1lings facility an a<; optional e at u<; the site uses listed in this if an abandonedfishery products processing establishment Section 2 O11y Siting Provisions the m: rin buildings of the sales/ service shall be located within the Section 3 bonnclary of the ues Zone Fishery Products ~ as zone illustrated which are not listed in the RCB Zone on the Uilld Use By-law Mlp. ufacturing shall be permitted in the ues Zone on lot parcels located bemeen a Fishery products mmufactming r oad and a harbour or on lot a harbour. street/ public parcels abutting 90 Fish offal reduction plants shall only be permitted in the Des Zone by developrrent agreenEnt in corrpliance with the criteria of Part 6, policy 3.c of the Mmicipli PLanning Strategy. Section 4 Outdoor O1tdoor display is Display and Storage permitted. O1tdoor storage of fishery equiprrent is permitted in any yard other than the yard bemeen the public street/road and the nearest m:rin building (to the public street/road) on the lot parcel. Section 5 All General Store and Service Centers - site plan approval suQject to approval of a site plan p( ursuant to Sections 231 and 232 the following Thveloprrent Officer shall approve a site plan ~ nntters have been adchessed. ' Ihe Thveloprrent Officer shall rreasure the degree of stringency in interpreting the criteria so that it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, parking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetscape intended to be protected by the criteria. general stores and service centers are of the M. micipal a. ' Ihe building, parking detached b. c. d nt Act). ' Ihe Gov~ area and utility structures shall be buffered and screened from any by a corrbination of vegetation and fencing. outdoor nust be directed Any lighting away from aclj acent properties. All existing significant vegetation shall be retained except ~ its rennval is necessary construction of the developrrent. l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of storm and d\\ ellings single to soften their starkness for the surface water. e. All of the f. O1ly one Section 6 All item;; required by this Section shall be ground sign shall be permitted. Hotels and IIms - site plan approval expansions existing hotels and inns that increase the floor area by nnre of a site nt approval plan p( ursuant to Sections 231 and 232 of the Mtmicipal Gov~ Act). ' Ihe Thveloprrent Officer shall approve a site plan ~ the following rmtters have been addressed. 'Ihe Thveloprrent Officer shall rreasure the degree of stringency in interpreting the criteria so that it correlates with the scale of the developrrent and each and every feature of the c1eveloprrent ( e.g. buildings, parking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetscape intended to be protected by the criteria new hotels and inns, and adequately m:rintained. of than 10%, are subject to a. ' Ihe parking detached area d\\ ellings and utility structures shall be screened from a to soften their starkness b. All by a public street/road and any single corrbination of vegetation and fencing. its rennval is existing significant vegetation shall be retained except ~ developrrent. l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of necessary for the construction of the c. storm and surface water. d e. f. g. Any outdoor lighting nust be directed away from aclj acent properties. Setbacks shall be correlated to the scale of the hotel building, the annunt of existing vegetation that is capable of lessening its irrpact on acljacent single detached cMellings. Signs shall be limited to one per public street/road access point. the parking area is to be accessed from any public/street/road shall be Ingress and egress points ~ to ensure that known designed any significant traffic problem identified by the Traffic Authority is not further exacerbated. 91 PART 41 Section 1 RURAL CBRM ( RCB) ZONE RCB Uses Pemitted Permits shall Thveloprrent only be issued in the RCB Zone for one or nnre of the following uses in with relevant section of the General Provisions Part, and any specific section of this Part corrpliance any devoted to the use, provided the development is not to be serviced by a rnRl\1 sanitary sewer main. Thveloprrents to be serviced by a sanitary se\\ef m:rin shall be subject to the provisions of the Zone in effect from ~ e the sanitary se\\ ef m: rin is being extended, or subject to any General Provision that would otherwise COnE into effect. agricultural uses - ( all) fishery uses - ( all) forestry all forestry uses i11Lluding sawmills splitting, chunking and retailing or Wlolesaling of forestry prOOucts in compliClJ1Le with Section 8 manufactming - only the following an optional e at the site if an abandonedfishery products processing u<; assenDlya<; establishment or agricultural building forestry prOOucts rmnufacturing in compliClJ1Le with Section 4 mining prOOucts rmnufacturing in cornpliClJ1Le with Section 9 recreational- only the following all except racetracks for nntor vehicles and carrpgrounds ( existing carrpgrounds are listed as permitted below) existing carrpground at PID#15330096, 15330047, 15701568, 15331036, 15331028, and 15330047 (6136- 6140 East Bay Highway, BenEoin) existing carrpground at Pill #15072598 ( 10 Johnson Road Extension, little Bras DO) existing carrpground at PID#15270234 (5781 Ullon Highway) existing carrpground at Pill #15354285 ( 5785-5789 Highway 22, Catalone) existing carrpground at Pill #15841273 ( 3241 Grand Mira North Road, Sandfield) residential- only the following apartrrents in a converted comrrunity or educational service building nnbile hOnES residential resort corrplex single c1etached d\\ ellings travel trailers two unit d\\ ellings sales - only the following bakery sales boutiques convenience stores in compliClJ1Le sale of fishery prOOuce Wlolesale an a<; with the site plan approval an accessory a<; optional e at u<; the site if Section 5 provision<; fishery if an abandonedfishery products processing e to a u<; e u<; establishment warehouse an a<; optional e at u<; the site if an abandonedfishery products processing establishment service - only the following aninnl (donEStiC) care facilities artist/artisan establishnEnt arts/ entertainm:nt studio boat charter business offices comrrunity service comrrunity service residences 93 Section 4 Forestry Products ~ ufactming forestry prOOucts rmnufacturing use shall be a mininum d\\ elling of the proprietor. Ihe site of the forestry prOOucts rmnufacturing use shall front along a public street/road owned and maintained by the Cape Breton Regional Mmicipality or the Province of Nova Scotia Any buildings or structures associated with a of 1, CXX)feet from any Section 5 other than the d\\ elling Convenience Stores and restaurants - site plan approval All convenience stores and restaurants subject to approval of a site plan (pursuant to Sections 231 and e the Thveloprrent Officer shall approve a site plan ~ nntters have been addressed. 'Ihe shall rreasure the of Officer following Thveloprrent c1egree stringency in interpreting the criteria so that it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, parking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetscape intended to be protected by the criteria micipal 232 of the M. a. ' Ihe building, parking detached b. c. d are nt Act). ' Gov~ area and Ihe utility structures shall be buffered and screened from any by a corrbination of vegetation and fencing. outdoor nust be directed Any lighting away from aclj acent properties. All existing significant vegetation shall be retained except ~ its rennval is necessary construction of the developrrent. l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of storm and d\\ ellings single to soften their starkness for the surface water. e. All of the f. O1ly the parking area is to be accessed from any public/street/road shall be Ingress and egress points ~ designed to ensure that any known significant traffic problem identified by the Traffic Authority is g. one item;; required by this Section shall be ground sign shall be permitted. adequately m:rintained. not further exacerbated. Section 6 All land Hotels and Mltels - site a. ' b. c. Ihe that reference this Section plan approval subject to approval of a site plan p ( ursuant to Sections 231 and micipal nt Act). ' Ihe Thveloprrent Officer shall approve a site plan ~ e the 232 of the M. Gov~ following nntters have been addressed. 'Ihe Thveloprrent Officer shall rreasure the c1egree of stringency in interpreting the criteria so that it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, parking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetscape intended to be protected by the criteria uses public street/road and any single detached d\\ ellings to soften their starkness by a corrbination of vegetation and fencing. All existing significant vegetation shall be retained except ~ its rennval is necessary for the construction of the developrrent. l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of storm and surface parking area and are utility structures shall be screened from a water. d e. f. Setbacks shall be correlated to the scale of the hotel building, the annunt of existing vegetation that is ellings. capable of lessening its irrpact on acljacent single detached d\\ Signs shall be limited to one per public street/road access point. the parking area is to be accessed from any public/street/road shall be Ingress and egress points ~ to ensure that known designed any significant traffic problem identified by the Traffic Authority is not further exacerbated. 95 Section 7 Heavy equipllEnt depots Heavy equiprrent depots as a hOnE business Ihe ITEXinumnurrber of pieces of heavy No nnre are permitted in corrpliance with the following provisions. equiprrent shall be 3 per depot. than 1 Each depot depot per lot parcel. nust be located on the SanE lot elling of the owner/ator. parcel as the d\\ O( fl" units) cannot be equiprrent ( refrigeration O( ated. fl" When a trailer is not attached to a truck it is considered a separate piece of equiprrent. When a nntor vehicle repair business developrrent is operated at the SanE site as a heavy equiprrent operation there still cannot be nnre than 3 pieces of heavy equiprrent on site. Noise producing Section 8 e.g. Splitting, Chunking and Retailing/wholesaling Forestry uses Splitting, chunking and retailing/Wlolesaling forestry unless at another location setback from any Section 9 Mning Products ~ d\\ elling a uses shall only be permitted at the harvested site rrininumdistance of 1, CXX)feet. ufactming at a Constru.ction Site Manufacturing using raw minerals at a construction site shall be permitted only as a terrporary ancillary use to the project provided: the rmnufacturing occurs within 200 feet of the construction site; and the rmnufacturing is at least 200 feet from a d\\ elling. Section 10 Provisions when developllEnt is serviced by CBRM sewer A Thveloprrent Permit to permit any of the uses listed as permitted in Section 1 of this Zone shall only be issued if the use proposed is not serviced by a CBRM sanitary se\\ ef rmin. Any proposed developrrent in this Zone intended to be serviced acljacent urban Provision in all zone by a CBRM sanitary se\\ef m:rin nust also be a permitted use in the sanitary se\\ef m:rin is being extended, or it is permitted as a General from Wlich the zones. 96 fitness centers health care heavy equipnEnt depots if Section 3 provision'> hotels up to hotels with In with the compliance if Section provision'> 7 and the setlxK;k ITExinum of 10 rental units a nnre than 10 rental units in compliClJ1Le with the site plan approval if provision'> Section 6 mns nntels in compliClJ1Le with the site plan approval if Section 6 provision'> rep:rir service subject to the outdoor storage if Section provision'> 3 Section if provision'> nntor vehicle setlxK;k 2 and the nursing hOnES personal service businesses protective only thefollowing coast guard stations fire judicial military police reparr servlces residential care restaurants in d\\ ellings if Section 5 provision'> an optional e at the site if an abandonedfishery products processing a<; u<; compliClJ1Le self-storage facilities with the site plan approval establishment tourist cottage corrplex up to a ITExinum of 10 tourist cottages tourist cottage corrplex with nnre than 10 tourist cottages in approval Section 2 compliance with the site plan if Section 6 provision'> Outdoor O1tdoor display is Display and Storage permitted. O1tdoor storage of nntor vehicles displaying a valid Province of Nova Scotia Vehicle Permit or displaying a valid safety inspection sticker awaiting rep:rir at a nntor vehicle and related service shall be permitted. O1tdoor storage of derelict nntor vehicles not displaying a valid Province of Nova Scotia Vehicle Permit or displaying a valid safety inspection sticker, used bodies or parts of nntor vehicles, or used bodies or parts of other vehicles, rmchinery or equiprrent, shall not be permitted. developrrent is ated O( fl" at the SanE site as a heavy equipnEnt still cannot be nnre than 3 pieces of heavy equiprrent on site." When a nntor vehicle repair business operation there Section 3 Setback Provisions from dwellings All land uses, d\\ elling, buildings and structures subject to this Section shall be a mininumof 300 feet froma elling of the proprietor of the business. other than the d\\ Section 4 Forestry Products ~ ufactming forestry prOOucts rmnufacturing use shall be a mininum d\\ elling of the proprietor. use shall front along a public street/ road owned and maintained by the Cape Breton Regional Mmicipality or the Province of Nova Scotia Any buildings or structures associated with a of 1, CXX)feet from any d\\ elling other than the Ihe site of the forestry prOOucts rmnufacturing 98 Section 5 Convenience Stores and restaurants - site plan approval All convenience stores and restaurants subject to approval of a site plan (pursuant to Sections 231 and micipal nt Act). ' The Thveloprrent Officer shall approve a site plan ~ e the 232 of the M. Gov~ following nntters have been addressed. 'Ihe Thveloprrent Officer shall rreasure the c1egree of stringency in interpreting the criteria so that it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, parking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetscape intended to be protected by the criteria a. ' Ihe building, parking detached b. c. d area and are utility structures shall be buffered and screened from any by a corrbination of vegetation and fencing. Any outdoor lighting nust be directed away from aclj acent properties. All existing significant vegetation shall be retained except ~ its rennval is necessary construction of the developrrent. l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of storm and d\\ ellings single to soften their starkness for the surface water. e. f. g. All of the item;; required by this Section shall be adequately m:rintained. O1ly one ground sign shall be permitted. the parking area is to be accessed from any public/street/road shall be Ingress and egress points ~ to ensure that known designed any significant traffic problem identified by the Traffic Authority is not further exacerbated. Section 6 Hotels and Mltels - site All hotels and nntels plan approval subject to approval of a site plan p( ursuant to Sections 231 and 232 of the M.micipal the following nntters have GoVerIll:Ifllt Act). ' The Thveloprrent Officer shall approve a site plan ~ been aclclressed. ' The Thveloprrent Officer shall rreasure the degree of stringency in interpreting the criteria so that it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, parking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetscape intended to be protected by the criteria. a. ' Ihe parking detached area d\\ ellings are and utility structures shall be screened from a to soften their starkness by a public street/road and any single corrbination of vegetation and fencing. b. All its rennval is existing significant vegetation shall be retained except ~ construction of the developrrent. l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of necessary for the c. storm and surface water. d Setbacks shall be correlated to the scale of the hotel of lessening its e. f. building, the annunt of existing vegetation that is detached d\\ ellings. capable irrpact acljacent single shall be limited to one road access street/ Signs per public point. the parking area is to be accessed from any public/street/road shall be Ingress and egress points ~ designed to ensure that any known significant traffic problem identified by the Traffic Authority is on not further exacerbated. Section 7 Heavy equipllEnt depots Heavy equiprrent depots as a hOnE business Ihe ITEXinumnurrber of pieces of heavy No nnre are permitted in corrpliance with the following provisions. equiprrent shall be 3 per depot. than 1 Each depot depot per lot parcel. nust be located on the SanE lot elling of the owner/ator. parcel as the d\\ O( fl" Noise producing equiprrent (e.g. refrigeration units) cannot be ated. O( fl" When a trailer is not attached to a truck it is considered a separate piece of equiprrent. 99 When a nntor vehicle repair business operation there Section 8 still can developrrent is operated at the SanE site as a heavy equipnEnt 3 pieces of heavy equipnEnt on site." not be nnre than Splitting, Chunking and Retailing/wholesaling Forestry uses Splitting, chunking and retailing/Wlolesaling forestry unless at another location setback from any Section 9 Mning Products minerals at ~ d\\ elling a uses shall only be permitted ufactming at a Constru.ction Site construction site shall be permitted only Manufacturing using to the project provided: the rmnufacturing occurs within 200 feet of the construction site; and the rmnufacturing is at least 200 feet from a d\\ elling. raw a at the harvested site rrininumdistance of 1, CXX)feet. as a terrporary ancillary use Section 10 Special Provision for Grand Lake RoadISydney Road 5. b.3 of Part 2 of the Mmicipli Policy Planning Strategy, Thveloprrent Permits for the in use, of expansion, change existing developrrents shall be permitted in corrpliance with Part 51 of this By-law. HO\\ ever, no Thveloprrent Permits shall be issued for any new business c1eveloprrent on lot the Traffic Authority' s parcels fronting along the sector of Grand Lake Road and the Sydney Road ~ speed limit is 80 kilonEters per hour. Pursuant to or Section 11 Provisions when developllEnt is serviced by CBRM sewer A Thveloprrent Permit to permit any of the uses listed as permitted in Section 1 of this Zone shall only be issued if the use proposed is not serviced by a CBRM sanitary se\\ ef rmin. Any proposed developrrent in this Zone intended to be serviced by a CBRM sanitary se\\ef m:rin nust also be a permitted use in the acljacent urban zone from Wlich the sanitary se\\ef m:rin is being extended, or it is permitted as a General Provision in all zones. Section 12 Prohibiting the use of llDbile holIES for any use in this Zone Pursuant to Part 4, use pernitted Policy 3.b of the Planning Strategy, the use of a nnbile hOnE converted to operate any in this Zone is banned throughout the jurisdiction of this Zone. 100 protective only thefollowing coast stations guard fire judicial police reparr servlces residential care d\\ ellings compliClJ1Le with the site plan approval if Section 6 provision'> tourist cottage corrplex up to a ITEXinum of 10 tourist cottages tourist cottage corrplex with nnre than 10 tourist cottages in compliance approval if Section 7 provision'> restaurants in Section 2 Outdoor O1tdoor display is with the site plan Display and Storage permitted. O1tdoor storage of nntor vehicles displaying a valid Province of Nova Scotia Vehicle Permit or displaying a valid safety inspection sticker awaiting rep:rir at a nntor vehicle and related service shall be permitted. O1tdoor storage of derelict nntor vehicles not displaying a valid Province of Nova Scotia Vehicle or displaying a valid safety inspection sticker, used bodies or parts of nntor vehicles, or used Permit bodies or parts of other vehicles, rmchinery equiprrent, shall not be permitted. developrrent is ated O( fl" at the SanE site as a heavy equipnEnt still cannot be nnre than 3 pieces of heavy equiprrent on site." or When a nntor vehicle repair business operation there Section 3 Setback Provisions from dwellings All land uses, d\\ elling, buildings and structures subject to this Section shall be a mininumof 300 feet froma elling of the proprietor of the business. other than the d\\ Section 4 Forestry Products ~ ufactming forestry prOOucts rmnufacturing use shall be a mininum d\\ elling of the proprietor. use shall front along a public street/ road owned and maintained by the Cape Breton Regional Mmicipality or the Province of Nova Scotia Any buildings or structures associated with a of 1, CXX)feet from any d\\ elling other than the Ihe site of the forestry prOOucts rmnufacturing Section 5 a.Notice Residential DevelopllEnt about gravel deposit Thveloprrent Officer shall include a statenEnt along with the Thveloprrent use that a significant gravel deposit ancVor activity is located in the vicinity. Ihe Permit for a resiclential b.Residential subdivisions restricted A Thveloprrent Permit for only be granted on a lot parcel fronting along a public prior By-law. Pursuant to policy 4.f in Part 6 of the new residential subdivision Mmicipli PLanning Strategy, any developrrent large enough to require the construction of a public street/road shall be obliged to get specific approval from Regional Cbuncil after a public hearing is conducted to anEI1d the zoning of the site affected to either the RRS or the RCB Zone. street/road that existed a residential use shall to the effective date of this 102 Section 6 Convenience Stores and restaurants - site plan approval All convenience stores subject to approval of a site plan (pursuant to Sections 231 and 232 of the M. micipal nt Act). ' Ihe Thveloprrent Officer shall approve a site plan ~ the following Gov~ nntters have been adchessed. ' Ihe Thveloprrent Officer shall rreasure the degree of stringency in interpreting the criteria so that it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, parking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetscape intended to be protected by the criteria a. ' Ihe building, parking detached b. c. d are area and utility structures shall be buffered and screened from any by a corrbination of vegetation and fencing. Any outdoor lighting nust be directed away from aclj acent properties. All existing significant vegetation shall be retained except ~ its rennval is necessary construction of the developrrent. l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of storm and single to soften their starkness d\\ ellings for the surface water. e. f. g. All of the item;; required by this Section shall be adequately m:rintained. O1ly one ground sign shall be permitted. the parking area is to be accessed from any public/street/road shall be Ingress and egress points ~ to ensure that known designed any significant traffic problem identified by the Traffic Authority is not further exacerbated. Section 7 All hotels Hotels and Mltels - site plan approval nt Gov~ subject to approval of a site plan p( ursuant to Sections 231 and 232 of the M.micipal Act). ' Ihe Thveloprrent Officer shall approve a site plan ~ the following rmtters have been addressed. 'Ihe Thveloprrent Officer shall rreasure the degree of stringency in interpreting the criteria so that it correlates with the scale of the developrrent and each and every feature of the c1eveloprrent ( e.g. buildings, parking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetscape intended to be protected by the criteria a. ' Ihe are parking detached area and utility structures shall be screened from a to soften their starkness d\\ ellings by a public street/road and any single corrbination of vegetation and fencing. b. All its rennval is existing significant vegetation shall be retained except ~ construction of the developrrent. l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of necessary for the c. storm and surface water. d e. f. g. Any outdoor lighting nust be directed away from aclj acent properties. Setbacks shall be correlated to the scale of the hotel building, the annunt of existing vegetation that is ellings. capable of lessening its irrpact on acljacent single detached d\\ shall be limited to one road access Signs per public street/ point. the parking area is to be accessed from any public/street/road shall be Ingress and egress points ~ designed to ensure that any known significant traffic problem identified by the Traffic Authority is not further exacerbated. Section 8 Heavy equipllEnt depots Heavy equiprrent depots as a hOnE business Ihe ITEXinumnurrber of pieces of heavy No nnre than 1 are permitted in corrpliance with the following provisions. equiprrent shall be 3 per depot. depot per lot parcel. Each depot nust be located on the elling of the owner/ator. parcel as the d\\ O( fl" units) cannot be equiprrent ( refrigeration O( ated. fl" When a trailer is not attached to a truck it is considered a separate piece of equiprrent. Noise producing SanE lot e.g. 103 PART 46 LOUISBOURG HIGHWAY PARKWAY 1 ( LP1) ZONE Section 1 IP1 Uses Pemitted Permits shall Thveloprrent only be issued with relevant section of the corrpliance any in the LPl Zone for one or nnre General Provisions Part, and any of the specific following uses devoted to the use. agricultural uses - ( all) only the following carrpgrounds public outdoors passive residential- only the following ellings that do not have the dimemiom qf single c1etached d\\ agricultural uses recreational- two unit service - a mobile home defined by this By-law a~ d\\ ellings only the following accomrrrxlations asserrbly halls cenEteries educational service protective only thefollowing coast guard stations fire judicial police residential Section 2 Ihe lot care d\\ ellings IP1 Lot Parcel DevelopllEnt RequirellEnts parcel developrrent requirenEl1ts for all permitted uses in the LPl Zone are as follows: MINIMUM LOT PARCEL AREA 2 ACRES MINIMUM PUBLIC STREET/ ROAD FRONTAGE 275 feet Minimum building setback from Louisbourg Highway Single detached dwellings and educational service = 125 All other Minimum building setback from all other lot permitted uses = 200 feet 50 feet parcel Campgrounds = developments = boundaries All other 6 feet Existing Undersized Lot Parcels in the IP1 and LP2 Zones Section 3 Existing lot parcels that do not co1:11Jly with the lot parcel frontage and/or area requirellEnts of this Zone may: be used for a building purpose permitted in the zone in wnch the lot parcel is located; and rmy be erected on the lot parcel; a if the following conditions are the lot parcel existed prior to llEt: April 16th, 1987; or the lot:parcel was approved by the Officer in accordance with the Sulxlivision Thvelopn:Ent for this unless Bylaw Mmicipality; the lot:parcel developn:Ent reqWrellEnt of the Zone in effect is specific to a use or uses and not generally in effect for all uses pennitted in the Zone. Section 4 Ihe boundary Boundary not to be adjusted of this Zone is not to be altered It is intended to represent a in section of this Part setback 107 PART 47 LOUISBOURG HIGHWAY PARKWAY 2 ( LP2) ZONE Section 1 LP2 Uses Pemitted Permits shall Thveloprrent only be issued with relevant section of the corrpliance any in the lP2 Zone for one or nnre General Provisions Part, and any of the specific following uses devoted to the use. agricultural uses - ( recreational- all) only the following public outdoors passive residential- only the following ellings that do not have the dimemiom qf single c1etached d\\ two unit a mobile home defined by this By-law a~ d\\ ellings service - only the following asserrbly halls cenEteries educational service protective only thefollowing coast guard stations fire judicial police residential Section 2 Ihe lot care d\\ ellings LP2 Lot Parcel DevelopllEnt RequirellEnts parcel developrrent requirenEl1ts for all permitted uses in the lP2 Zone are as follows: MINIMUM LOT PARCEL AREA 2 ACRES MINIMUM PUBLIC STREET/ ROAD FRONTAGE 400 feet Minimum building setback from Louisbourg Highway Single detached dwellings and educational service = 125 All other Minimum building setback from all other lot permitted uses = 200 feet 20 feet parcel boundaries 100 feet from a waterbody Existing Undersized Lot Parcels in the IP1 and LP2 Zones Section 3 Existing lot parcels that do not co1:11Jly with the lot parcel frontage and/or area requirellEnts of this Zone may: be used for a building purpose permitted in the zone in wnch the lot parcel is located; and rmy be erected on the lot parcel; a if the following conditions are the lot parcel existed prior to llEt: April 16th, 1987; or the lot:parcel was approved by the Officer in accordance with the Sulxlivision Thvelopn:Ent Bylaw for this Mmicipality;unless the lot:parcel developn:Ent reqWrellEnt of the Zone in effect is specific to a use or uses and not generally in effect for all uses pennitted in the Zone. Section 4 Ihe Boundary not to be adjusted boundary of this Zone is not to be altered It is intended to represent a in section of this Part setback 108 PART 49 PUBLIC WATER SUPPLY WATERSHED ( PWS) ZONE Section 1 ~ Uses Pemitted Permits shall Thveloprrent only be issued in the P\vs Zone for one or nnre of the following uses in corrpliance with any relevant section of the General Provisions Part, and any specific section of this Part devoted to the use. agricultural- only the following crop fanning anirml grazing existing agricultural buildings housing or irrpounding anirmls highlighted on the Land Use Bylaw Mlp conservation and mtter utility related uses - ( all) forestry uses - only the following harvesting silviculture recreation - only the following buildings, structures, and uses of land ancillary to a passive recreational facility or a recreational pursuit involving interaction with nature residential- only the following existing residential d~ llings nnbile hOnES in compliClJ1Le with Section 2 ellings in compliClJ1Le with Section 2 single c1etached d\\ service - only the following residential care salvage yard s~ d\\ ellings and nntor vehicle towing business at Pill #15373996 (1614/1616 Birch Grove Road) ject to Section 3 Section 2 Lot Parcel Mininumlot parcel DevelopllEnt RequirellEnts for dwellings size = 5 acres Mininum public street/road frontage = Ihe lot is to be constructed shall parcel on wnch the that existed Section 3 on d\\ elling the date this Land Use 3CX)feet only front along a public By-law carre into effect. street/road Existing Salvage Yard and Mltor Vehicle Towing Business at PID 15373996 a. No Thveloprrent Permit shall be issued for the construction of new buildings existing buildings or the expansion of associated with this business unless and until: the derelict nntor vehicles are confined to an area that excludes the nnst northerly 200 ft. of the property as rreasured on CBRM's GIS; a plan is submitted, approved by the Nova Scotia Thpartrrent of EnvirollnEl1t & Labour, explaining how: o the nntor vehicle batteries are o the fluids from the nntor vehicles and stored within o how the derelict nntor vehicles are to be chained to be stored in a secure area; are to be rennved after corrponents, including the frequency of the rennvals over a a secure area; and being stripped of the specified period of tinE. valuable b. No Thveloprrent Permit shall be issued for any new buildings, or the expansion of existing buildings associated with this business, unless and until a Thveloprrent Permit is issued and construction no PART 50 MOBILE HOME PARK ( MHP) ZONE Section 1 J\. 1HP Uses Pemitted Permits shall Thveloprrent only be issued in the MHP Zone for one or nnre of the following uses in with relevant section of the General Provisions Part, and any specific section of this Part corrpliance any devoted to the use. residential- only the following nnbile hOnE parks ellings single c1etached d\\ the only following sales - nnbile hOnE and other rmnufactured hOnE sales service - only the residential Section 2 Ihere following care d\\ ellings A~ ory Uses types of accessory uses permitted in the MHP Zone. Those uses accessory to each nnbile hOnE and those accessory to the park ' Ihe accessory uses nomnlly associated with a single detached are d\\ elling buildings two shall apply for the nnbile hOnEs. Accessory uses associated with the park shall include COmrrDn use of park residents such as: and facilities for launchy; asserrbly halls; indoor and outdoor recreational uses; and convenience stores, unless provided the convenience store is not accessible directly from a public street/road the zoning generally in the area permits such land uses. 112 PART 51 SALES AND SERVICES SUBJECT TO PART 2, POLICY 5 OF THE MUNICIPAL PLANNING STRATEGY Ihe site of each of the sales ancVor services listed in this Part is highlighted on the Land Use By-law Mlp. permitted highlighted, at the scale existing at the tinE this Land Use By-law carre into effect. As ell, \\ any of the optional conversion uses listed below each existing business is also permitted,provided the change in the use of land,buildings or Each existing business is at the aclclress iclentified and the site structures: is in corrpliance with any relevant provisions else~ in this By-law; and does not involve or require any extension in the use of land,buildings or structures. As \\ ell, the Zone on the Land Use By-law Mlp for each of the sites suQject to this Part is also in effect. Any expansion of the existing use, or a change in the use of land,buildings, or structures that involves micipal any such extension shall be subject to site plan approval (pursuant to Sections 231 and 232 of the M. increase in the floor area. GoVerIll:Ifllt Act) , unless the expansion proposed will equal less than a 10% Such expansions rmy be onto acljacent lot parcels, provided the lot parcel on wnch the expansion occurs is consolidated with the existing lot parcel. Ulless iclentified as permitted at each site, outdoor storage shall be prohibited Ihe the following rmtters have been aclch-essed. 'Ihe Thveloprrent Officer shall approve a site plan ~ shall rreasure the of Officer Thveloprrent degree stringency in interpreting the criteria so that it correlates with the scale of the developrrent and each and every feature of the developrrent ( e.g. buildings, parking area etc.), and the proximity of the developrrent, or any specific feature of it, to any other developrrent or streetscape intended to be protected by the criteria. a. ' Ihe parking detached area d\\ ellings and utility structures shall be screened from a to soften their starkness b. All by a public street/road and any single corrbination of vegetation and fencing. its rennval is existing significant vegetation shall be retained except ~ developrrent. l\ Ib1sures, including lot parcel grading, shall be required to adequately dispose of necessary for the construction of the c. storm and surface water. g. equivalent to 113m of the floor area of the building shall be in corrpliance with the the landscaped open area That percentage rmy be reduced to as low as lllcF ~ is satisfied with the of a Horticultural Technician or Architect. Officer Certified Thveloprrent design For new construction and additions, the setbacks shall either nEet the setback requirenEl1t of 20 ft. or be screened ( as c1efinedin this Bylaw) fromacljacent lot parcel boundaries to soften the starkness of the building ~ the developrrent on the acljacent lot parcel warrants protection e.g. resiclential or a rmnaged landscaped yard, or a business developrrent that developrrent with an attractive fa~, uses either an attractive fa~ e.g. professional office or a rmnaged landscaped yard to pronnte their establishnEnt e.g. bed and breakfast establishnEnt. For existing buildings proposed to be converted because of a change in use and developrrent on the acljacent lot parcel warrants protection for the reasons given above, only the setback is waived. Any new buildings of a significantly larger scale ( i.e. either higher or greater floor area) than d\\ ellings on an acljacent lot parcel shall be so located on the lot parcel to lessen the irrpact on d\\ ellings on an acljacent lot parcel. Signs advertising the business shall be of a scale and style and so located that they will not conflict h with the streetscape. Ingress and egress points d A mininum definition for e. f. the parking area is to be accessed from any public/street/road shall be ~ designed to ensure that any known significant traffic problem identified by the Traffic Authority is not further exacerbated. 113 lisl of exiSling uses. addresses. and Alexandra Street Highway intersection with 1. Sydney - from its intersection with uses Kings Road to its 125 25 Xavier Drive Nursing l10IrE permilled oPlional conversion 15670953 Sydney PID# business offices funeral hOnES nEdical clinics recreational business establishnEnt indoors cultural services scientific establishnEnt 2 Medical clinic artist or 2JJ7 Alexandra Street 15082167 Sydney PID# artisan establishnEnts business offices catering business day care facilities nursing hOnES personal service businesses recreation residential 3. care d\\ ellings Radio station artist or 285 Alexandra Street PID# 15082100 artisan establishnEnts arts/entertainmnts studios (other) asserrbly halls business offices cultural service day care facilities funeral hOnES nEdical clinics nursing hOnES personal service businesses private service clubs recreational scientific establishnEnt 4. Nursing l10IrE 320 Alexandra Street PID# 15653074 business offices cultural service funeral hOnES nEdical clinics recreational business establishnEnt indoors scientific establishnEnt 5. Police Station artist or 301 Alexandra Street PID# 15082092 artisan establishnEnts arts/entertainmnts studios (other) asserrbly halls business offices cultural service day care facilities 114 catering business day care facilities nursing hOnES personal service businesses recreational business establishnEnt indoors cultural service residential care Main Street d\\ ellings Sydney with Trans Canada 1. IIDtor vehicle Mines - Highway repair from the boundary of the CBD Zone to its intersection 105 917 ~ Street PID# 15165731 artist/artisan establishnEnt arts/ entertainm:nt studio business offices cleaning and repair services nEdical clinics nntor vehicle cleaning nntor vehicle sales personal 2 service business recycling depot 934 ~ all service Street PID# 15163678 except: uses food and beverage heavy equiprrent and construction nntor vehicle rep:rir all sales businesses 3. inn 968~ Street PID# I5631716 business office personal 4. service business business office 15 Pond Road aninnl (donEStiC) grooming PID# 15237761 boutique convenience store nm launch-ormt restaurant 5. IIDtor vehicle repair 1017 ~ Street PID# 15579659 artist/artisan establishnEnt arts/ entertainm:nt studio business offices nEdical clinics nntor vehicle cleaning nntor vehicle sales personal reparr 6. service business servlces building supply dealership 110011102 ~ Street PID# 1516t742115505803 sales businesses 116 7. 1145 Main Street boutique PID# 15164957 artist/artisan establishnEnt 8. rental sales PID# 15498736 1161 Main Street artist/artisan establishnEnt personal service business reparr servlces sales businesses 9. almrinmn door and mndow sales 1217 Main Street PID # 15164882 artist/artisan establishnEnt personal service business reparr servlces sales businesses Grand Lake Road/ Sydney Road 80 kilometer per hour corridor 1. IIDtor vehicle all sales 2 Driveall sales 3. in'Theatre or or 914 Grand Lake Road repair/sales service business developrrent except alcohol 1016 Grand Lake Road service business IIDtor vehicle sales all sales 4. or beverage developrrent beverage service establishnEnts PID# 15227184 1134 Grand Lake Road all sales developrrent except alcohol beverage service business service establishnEnts PID# 15568496 except alcohol heavy equipIIEnt depot or service establishnEnts PID# 15226913 developrrent except alcohol beverage 1098 Grand Lake Road service business PID# 15515885 service establishnEnts rmnufactming asserrbly transportation, transmission and storage 5. nEdical PID# 15227168 1158 Grand Lake Road supply dealership all sales businesses PID# 1161 Grand Lake Road 15574213 repair alcohol service establishnEnts developrrent except beverage 6. tire sales and IIDtor vehicle all sales 7. or service business racetrack for IIDtor vehicles all sales or service business 1162 Grand Lake Road PID# 15227192 developrrent except alcohol beverage service establishnEnts rmnufactming asserrbly transportation, transmission and storage 8. all sales pID #15050370 & 15228349) 1147 - 1157 Grand Lake Road developrrent except alcohol beverage service establishnEnts service ( mnehousinWcourier or service business rmnufactming asserrbly transportation, transmission and storage 9. IIDtor vehicle fuel service all sales or service business 10. IIDtor vehicle sales 1172 Grand Lake Road developrrent except alcohol 1180 Grand Lake Road PID# 15227218 beverage service establishnEnts PID# 15227242 117 all sales or service business 11. bookstore 1200 Grand Lake Road all sales business 12. or PID# 15560501 PID# 15227259 (no civic address) service business restaurant/alcohol all sales 13. or service establishnEnts developrrent 11. fann produce sales all sales developrrent except alcohol beverage developrrent beverage service establisllIrEntf'lIBl developrrent 1224 Grand Lake Road PID# 15227275 service business golf course 1229 Grand Lake Road PID# 15228232 all recreation outdoor uses except racetracks for nntor vehicles 14. cable I ' V station PID# 15227333 1318 Grand Lake Road accomrrrxlations businesses entertainm:nt studio arts/ business offices nEdical clinics personal service businesses restaurants scientific establishnEnt 15. PID# 15227408 1372 Grand Lake Road garden supply sales all sales 16. IIDtel 1392 Grand Lake Road PID# 15227424 accomrrrxlations businesses arts/ entertainm:nt studio business offices nEdical clinics personal service businesses restaurants scientific establishnEnt 17. IIEtal fabricator PID# 15227~ 1615 Grand Lake Road rmnufactming asserrbly transportation, transmission and storage all sales or service business developrrent except alcohol beverage in theatre 159611624 Sydney Road 18. fonner driveall sales or service business 19. motor vehicle sales all sales Kings or developrrent PID # 15688310, except alcohol 1691 Grand Lake Road service business service establishnEnts beverage 15688302,and 15688294 service establishnEnts PID# 15579626 developrrent except alcohol beverage service establishnEnts Road - from its intersection with Riverside Drive to its intersection with the Meadows Road 1. traffiport business depot transportation general 1652 ~ Road PID# l5036Ot9 service businesses 118 2 bakery/niscellaneous sales all sales business developrrent 1670~ Road PID# 15036072 artist/artisan establishnEnt arts! entertainm:nt studio business offices nEdical clinics restaurants 3. coIWenience store and personal service business anirml (donEStiC) 172411726 Road King;; PID# 15036114 grooming artist/artisan establishnEnt arts! entertainm:nt studio boutiques business offices launch-ormt phamncies restaurant 4. coIWenience store anirml (donEStiC) 1800 ~ Road PID# 15036338 grooming artist/artisan establishnEnt arts! entertainm:nt studio boutiques business offices launchurmts phamncies restaurant 5. 1810 ~ refrigeration and food equipment sales and service all service business developrrent except alcohol beverage service Road PID# 15683477 establishnEnts, heavy equipnEnt and construction, and nntor vehicle related all sales business 6. IIDtor vehicle developrrent except nntor vehicle related repair 1918 ~ Road PID# 15623382 and 15036619 artist/artisan establishnEnt arts! entertainm:nt studio business offices cleaning and repair services nEdical clinics personal service business nntor vehicle 7. cleaning IIDtor vehicle fuel service 1948 Kings Road PID# 15337405 boutique convenience store farmm:rrket garden supplies grocery sales launch-ormt nntor vehicle sales and rep:rir 119 8. IIDtor vehicle PID# 15036767 1982 Kings Road repair cleaning, and towing nntor vehicle sales, reparr servlces artist/artisan establishnEnt 9. coIWenience store/ video rental anirml (donEStiC) 1992 PID# 15036783 Kings Road grooming artist/artisan establishnEnt entertainm:nt studio arts/ boutiques business offices launchurmts personal service business phamncies restaurant 10. IIDtor vehicle repair 2006 PID# 15036825 Kings Road artist/artisan establishnEnt nntor vehicle sales reparr servlce 11. contractor specialized trades 2267 PID# 15044282 Kings Road servlce reparr artist/artisan establishnEnt arts/ 12 entertainm:nt studio heavy equipIlEnt depot 2281 Kings Road 15788920, 15788904, 15591738, 15788953 and 22fn 13. coIWenience storeJtake-out restaurant anirml (donEStiC) PID# 15042021, 15041973, 15788946, 15788938, 1578&912 Kings Road PID# 15041965 grooming artist/artisan establishnEnt arts/ entertainm:nt studio boutiques business offices launchurmts personal service business phamncies restaurant 14. IIDtor vehicle fuel servicelalignrrEnt shop 2307 Kings Road PID# 15041981 boutiques convenience store farmm:rrket garden supplies grocery sales launchurmts nntor vehicle sales and rep:rir 15. contractor specialized trades 2352 Kings Road PID# 15037401 and 15646797 reparr servlce artist/artisan establishnEnt arts/ entertainm:nt studio 120 16.landscaping b~ depot/garden supply sales 2361 Kings Road PID# 15041908 2372 King;;Road PID# 15843915 boutiques convenience store farmm:rrket garden supplies grocery sales nntor vehicle sales and rep:rir 17. courseltak{Yu ) t Driving rangeJgolf restaurant all recreation outdoor uses except racetracks for nntor vehicles aninnl (donEStiC) grooming artist/artisan establishnEnt entertainm:nt studio arts/ boutiques business offices nEdical clinics nntor vehicle sales, rep:rir and fuel service phamncies restaurant 18. recreational vehiclelIDJdular hoIIE sales 2386'2400 Road King;; PID# 15037559, 15336191 and 15843923 boutiques convenience store farmm:rrket garden supplies grocery sales nntor vehicle sales, fuel service, and rep:rir 19. IIDtor vehicle fuel serviceJcoIWenience storeJboutique 2603 Kings Road PID# 15572191 farmm:rrket garden supplies grocery sales launch-ormt nntor vehicle sales, fuel service, and 20. IIDtel 91\tbldcms rep:rir PID# 15040884 Road accomrrrxlations businesses arts/ entertainm:nt studio business offices nEdical clinics personal service businesses restaurants scientific establishnEnt Victoria Road 1. Whitney convenience store aninnl (donEStiC) Pier - outside the CBD Zone 1117 Victoria Road PID# 15161698 grooming artist/artisan establishnEnt arts/ entertainm:nt studio 121 boutiques business offices launch-ormt nEdical clinics phamncies restaurant 2 post office 1191 Victoria Road aninnl (donEStiC) PID# 15161243 grooming artist/artisan establishnEnt arts/ entertainm:nt studio boutiques business offices nEdical clinics phamncies restaurant 3. ship chandler 1291 Victoria Road aninnl (donEStiC) grooming PID# 15160559 artist/artisan establishnEnt arts/ entertainm:nt studio boutiques business offices generalllTI"chandise sales nEdical clinics phamncies restaurant 4. tak~ ut restaurant aninnl (donEStiC) 1301 Victoria Road PID# 15160237 grooming artist/artisan establishnEnt arts/ entertainm:nt studio boutiques business offices nEdical clinics nntor vehicle sales, rep:rir and fuel service phamncies restaurant 5. coIWenience store/laundromat aninnl (donEStiC) 1370 Victoria Road PID# 15151889 grooming artist/artisan establishnEnt arts/ entertainm:nt studio boutiques business offices nEdical clinics phamncies restaurant 6.IIDtor vehicle fuel service and aninnl (donEStiC) repair 1453 Victoria Road PID# 15159981 grooming artist/artisan establishnEnt arts/ entertainm:nt studio boutiques 122 business offices nEdical clinics nntor vehicle sales, rep:rir and fuel service phamncies restaurant 7. coIWenience store aninnl (donEStiC) PID# 151~ 1467 Victoria Road and 15156938 grooming artist/artisan establishnEnt arts/ entertainm:nt studio boutiques business offices launch-ormt nEdical clinics phamncies restaurant 8.business office 1539 Victoria Road aninnl (donEStiC) PID# 15156102 grooming artist/artisan establishnEnt arts/ entertainm:nt studio boutiques business offices launch-ormt nEdical clinics personal service business phamncies restaurant Westmount Road - from its intersection with Dobson Street and its intersection with Monteith Avenue 1. marina 600 Westmonnt Road PID# 15203672 recreational business establishnEnt indoors cultural service entertaimn:nt indoor active and passive 2 IIDtor vehicle uses 647 Westmount Road repair PID# 15203730 artist/artisan establishnEnt arts/ entertainm:nt studio business offices cleaning and repair services nEdical clinics nntor vehicle cleaning nntor vehicle sales personal 3. service business nEdical clinic aninnl (donEStiC) 7(fJ Westmount Road PID# 15203961 and 15508674 grooming artist/artisan establishnEnt arts/ entertainm:nt studio boutiques 123 business offices convenience store launch-ormts personal service business phamncies restaurant 4. IIDtor vehicle PID# 15533276 837 Westrmunt Road repair artist/artisan establishnEnt arts/ entertainm:nt studio business offices cleaning and repair services nEdical clinics nntor vehicle cleaning nntor vehicle sales service business personal Emerald Street New Waterford - from its intersection with Whitehouse Street to its intersection with Larch Street 1. business 7fr7, officeslf1ooring sales grooming 793l\1ahon Street PID# 15485030 aninnl (donEStiC) artist/artisan establishnEnt arts/ entertainm:nt studio launch-ormts nEdical clinics personal service business phamncies restaurant retail sales 2 coIWenience store aninnl (donEStiC) 3493 EnErald Street PID# 15478159 grooming artist/artisan establishnEnt arts/ entertainm:nt studio boutiques business offices launch-ormts nEdical clinics personal service business phamncies restaurant retail sales 3. supennarket all sales 4. 3500 EnErald Street service business developrrent PID# 15273220, 15007354 and 15272941 except alcohol beverage service establishnEnts PID# 5202 Union Higlmay 15273253 repair alcohol service establishnEnts developrrent except beverage IIDtor vehicle fuel service and all sales 5. or or service business PID# 5201 Union Highmty 15271323 repair alcohol service establishnEnts developrrent except beverage IIDtor vehicle fuel service and all sales or service business 124 PART 52 DEVELOPMENT AGREEMENTS Section 1 DevelopllEnts Subject to a DevelopllEnt AgreellEnt Ihe following land uses are subject to a developrrent agreenEl1t pursuant to Section 225 of the Mmicipli GovernnEnt Act in corrpliance with the pertinent policy directive referenced with the c1eveloprrent. 1. Any sales or service c1eveloprrent along the corridors listed and clescribed in Part 51 that are not a site subject to Part 51, or not an acljacent site to be developxl as put of an expansion of a business developrrent at a site listed in Part 51. ' Ihe policy in the Mmicipli Planning Strategy to be referenced is Policy 5 of Part 2. 2. Golf courses, racetracks for anirmls or vehicles hauled by anirmls and large scale active recreational resorts outside the RCB, RRS, RCE, GDR,PWS, LPl, lP2 Zones ( i.e. zones in effect in rural The CBRM). ' policy in the Mmicipli PLanning Strategy to be referenced is Policy 12.b of Part 5. 3. O1tdoor ~ shooting ranges in the RCB, RRS, RCE, GDR,PWS, LPl, lP2 Zones ( i.e. zones in CBRM). Ihe ' policy in the Mmicipli PLanning Strategy to be referenced is Policy 15. b n effect in rural of Part 5. 4. Fish offal reduction plants shall only be permitted by developrrent agreenEl1t in the following zones: CBD Zone WNZZone NSP Zone SIP Zone IURZone ues Zone Mining prOOucts rmnufacturing at the site of an existing extraction pit or quarry that has a valid permit from the Province of Nova Scotia and there is incontrovertible evidence a mining products rmnufacturing facility existed at the pit or quarry within ten years of the date this Land Use By-law 5. carre into effect. T ' he policy in the Mtmicipal Planning Strategy Section 2 to be referenced is Policy 4.b of Part 6. DevelopllEnt AgreellEnts to Remain in Effect Ihe \\ entered into by this Mmicipality, or one of the developrrent agreenEnts listed below ere predecessor nunicipalities, prior to the adoption of this Land Use By-law and are to rennin in effect. 'Ihe site affected also will be highlighted on the Land Use Bylaw:Map. t::L1.: nLR PID# 1503ffi80 Kings Road, Sydney River Heavy equiprrent operational yard 16<xY1698 128 G- 265 PID# 15086945 81 Brookland Street, Sydney Recycling facility using outdoor storage G- 712 PID# 15681588 165 Peppett Street, North Sydney Personal service business, nts up to a ITEXinum of 3 units G- 738 PID# 15173842 89 King Street, Sydney Mines Graphic design studio G- 816 PID# 15041973 15788946 No civic ackh-ess assigned Construction contractor G- B31 I PID# 15086390 321 Townsend Street, Sych1ey Law office G- 832 PID# 15425<XS9 24 Wadrmn Street, Glace Bay Boat and fishery equipnEnt storage building G- B36 I I PID# 15408842 60 Bell Street, Glace Fish processing Bay plant G- BM PID# 15285679 14 Carreron Estates, Mira Road Apart:rrent building G- 851 PID# 15022668 47 Peppett Street, North cial ColTIl1'fi" Sydney dance studio G- 885 PID# 15689185 1320 Keltic Dive, Balls Geek tor vehicle rep:rir 129 G- 888 PID# 15074<xJ6 15074958 15076631 15699135 15699143 554 Alexancrra Street, Sych1ey Funeral hOnE G- 890 I I I I PID# 15084155 7 Gormrty Street, Sydney Architect' s office G- 891 PID# 15140718 Hankard Street, Sydney Paving contractor depot G- 895 PID# 15104797 1166 George Street, Sydney Apart:rrent buildings G- 896 PID# 15366941 68 Mira Bay Road,Mira Gut Canteen G- 899 PID# 15413131 191 Brookside Street, Glace Bay Taxi dispatch depot laces the dischar GNSY 17 Thvel eenEl1t G- UNKNOWN PID# 15045347 Kings Road, Howie Center Silkscreening business 2145 G- UNKNOWN PID# 15141658 166 T inmln 15141666 and others as listed in the Thveloprrent AgreenEnt Road, Sydney Welding shop and nntor vehicle repair etc. ' Ihere is supplenEntary Thveloprrent AgreenEl1t an original Thveloprrent AgreenEnt and a 130 East Bay 115661820 I This is the site of the East Bay a 3310 East I Bay Highway Restaurant, take- out, retail store fast food restaurant and miscellaneous other business highway and the Eskasoni road. It was the subject of a developments at the corner of zoning amendment in 1998 ( G- 745). Edwardsville This the site of was a zoning amendment in 2001 ( G- 823). Florence 115255441 This was I the site of a I 317 Main Street zoning amendment to permit the operation of a car car sales as a dealership home business over 15 years ago G- 620). George' s River 115554256 This was 11273 George' the site of dealership as a a zoning amendment back s I River Road in 1994 ( G- 586) to Car Sales as a home business permit the establishment of a used car home business. Glace Bay This site zoning amendment back in 1985 ( G- 23) in the midst of an urban residential neighbourhood in Glace Bay to permit the establishment of a workshop and training center for the mentally handicapped. After being in operation for several years, the original building was fire damaged and a new building was constructed in 2007 ( A- 27957). was the subject of a 115434012, 15541188 This was the site of a 1185 Dominion Street 1997 zoning amendment ( G- 727) was the site of a zoning I amendment in 2001 to Golf Course permit the establishment of to 117 lfh Street 115440936 This I permit a golf course. Hotel} restaurant the conversion of a former convent into a bed and breakfast inn ( G- 826) i.e. the Vespers By the Sea. The following standards Minimum lot were parcel by the size = 2, 500 sq. ft. per Minimum setbacks = all 1 established yards zoning amendment and room 10 ft. parking space per rental bedroom licenced dining landscaped open area = 50% of the yard occupied by a landscaped open area and Minimum shall be sign) plus 1 parking space per 200 sq. ft. of floor area for any room. A maximum of 1 sided remain in effect. is ground sign permitted. between the inn and the shall not be used not more than 10 sq. ft. in sign as a area ( one public street/ road parking area. sided sign) or 20 sq. ft. (two 132 115102064 This was 1 the site of apparently went I 9 Station street Development Agreement application through the complete legal process, there a Agreement, and there is no evidence it was Motor vehicle is submitted to the repair the in 1989 ( G- 311). Although application longer any record of the Development Registry of Deeds by the Town of Glace no Bay. Grand Lake Road 115228737 This was 1 the site of zoning a the date of this amendment ( 2010) I Grand Lake Road amendment in 1986 to no building permit Place of worship the establishment of a church ( G- 683). As of has yet to be constructed. Howie Center 115794019 1 2245 1 Trans Canada Kings Road I Heavy equipment depot I Trucking Depot Louisbourg Millville 115553431 This site was subject to a zoning contracting business ( G- 492). Highway amendment in 1992 to It is adjacent a 105 permit a truck depot for a construction motor vehicle service station. New Waterford 115477094 This site 1 was subject to a 3304 Landry I Avenue Development Agreement application that was Medical clinic approved by New Waterford Town Council in 1989 ( G- 289). 115772999 1 This is the site of a midst of an This the site of 2663 zoning amendment industrial Hinchey I Avenue to allow for the construction Single detached dwelling of a single detached dwelling in the zone. a Development Agreement first entered into with the Town of New Waterford in Development Agreement was amended in 1989 to allow for an expansion of the physiotherapy clinic ( G- 342). The Development Agreement was once again amended in 1994 to allow for the consolidation of the original lot parcel with another lot parcel fronting on Tenth Street and an expansion of the parking lot ( G- 619). This 1994 version of the Development Agreement uses the two lot parcels to be consolidated as references. After a new parcel PID# ( Le. the current one) was created to represent the consolidated subdivision, all Registry of Deeds reference to the Development Agreement was 1988 ( G- 232). The was lost. As a consequence, the site Building/ Development conversion of This was a was carrying a was included in Part 53 of the CBRM Land Use By- law. In 2008 issued to allow for both the part of it. The result the site of warranted Permit was a zoning amendment in this Bylaw. expansion of the residential apartment within the in 200 ( G- 788). No a and the building expanded clinic building. specific provisions were imposed that over 133 PART 54 EXISTING DEVELOPMENTS Section 1 Land Uses DeellEd Pemitted Policy 14 of Part 2 in the Mmicipli PLanning Strategy, any existing developrrent that: is not included in the Uses Permitted Section of the Zone within wnch it is located; or Pursuant to if it is or permitted, only as an optional use; any land use not permitted throughout all Zones as a General Provision (refer to the Sections of Part 2) is cIeerred to be permitted use suQject to: the provisions of any relevant section of the General a Provisions Part; and any other relevant section of the Zone in effect; provided it nEets the test of legitirmcy based on the following criteria: the assesSnEnt category is consistent with the it is identified as developrrent alleged; such in the land use inforrmtion data base of the CBRM's GlS*; and it is not included in the list in Section 2 of this Part permitted ff and when incontrovertible evidence is putforth waived in support Cif the correct information Existing as identifying developrrents that are not to be cIeerred uses. it is used in this Part nEanS as was existing use for the prnposes verify the land U'le data is incorrect, this the structure is illustrated and the data of the CBRM's GIS in the electronic file into effect. If the structure to vacant but the copied use at the tinE the Land Use provision may be defined in the land By-law originally use canE f()[ llfi" use is of c1eterrnining alternate identified,the fCllllTI"use shall be cleenEd the uses that rmy be permitted. Any existing developrrent cleenEd to be a permitted use subject to the criteria above rmy also be: expanded; changed to a similar use; or changed to a corrparatively innocuous use. Any expansion to the existing use, or a change in use that also includes an expansion, shall be subject to the Site Plan Approval provisions below, unless the expansion proposed will equal less than a 10% increase in the floor area. Any change to a similar use, or to a corrparatively innocuous use shall not be HO\\ ever, subject to the Site PLan Approval provisions below if no expansion is proposed. any existing cIeerred not to be a use to the Table in the Section developrrent permitted according following rmy only be changed to a relatively innocuous use suQject to the Site PLan Approval provisions below. ' Ihe ThvelopnEnt Officer shall rreasure the degree of stringency in interpreting the criteria so that it correlates with the scale of the developrrent to be changed or the scale of an expansion In other words, the larger the developrrent proposed to be changed, ancVor the greater the scale of the expansion, the nnre stringent the criteria should be interpreted As \\ ell, the Zone on the Land Use By-law Mlp for each of these sites subject to this Part is also in effect. Site Plan a. b. c. Approval provisions and utility structures shall be screened from any dwellings on Any expanded parking adjacent lot parcels or lot parcels directly across the public street/ road to soften their starkness by a combination of vegetation types ( e. g. groundcover, bushes, shrubs, hedges or trees) and/ or vegetation and fencing. If fencing is used, it must be a type of fence that would complement the streetscape and not be a stark and imposing structure. All existing significant vegetation shall be retained except where its removal is necessary for the construction, or expansion of the development. Measures, including lot parcel grading, shall be required to adequately dispose of storm and surface new or area water. 135 d. Any e. expanded buildings shall be so located on the lot parcel to lessen the impact on dwellings adjacent lot parcel. Signs advertising the business shall be of a scale and style and so located that they will not conflict f. with the streetscape. Ingress and egress points where the new or on an be designed parking area is to be accessed from any public/ street/ road shall significant traffic problem identified by the Traffic Authority is to ensure that any known not further exacerbated. g. Landscaping measures shall be incorporated to blend the site plan into the immediately surrounding streetscape. In determining if any change in use is similar, the Thfinitions Part of this By-law should be referred to. determining if any change in use is relatively innocuous in corrparison to the use to be replaced, the following criteria should be used. In A change in use is not relatively innocuous if the an following clescribe ~ t is proposed: increase in the scale increase in traffic generated intrOOucing outdoor storage or display or an increase in the area used as outdoor storage or display intrOOucing noise generating equiprrent or an increase in the use of noise generating equipnEnt. an l\ Ib1sures that could be taken to ITEke a change in use relatively innocuous in corrparison to the f()[ llfi" business developrrent: irrprovenEl1ts to the f~ de of any m:rin buildings irrprovenEl1ts to the front yard of the lot parcel affected a reduction in the scale reduction in traffic generated intrOOucing landscaping into the site plan or expansion of the landscaped area of the lot parcel a affected eliminating outdoor storage or display, or a reduction in the area used as outdoor storage or display intrOOucing or irrproving screening provisions to nnllify the affect of potentially obnoxious aspects of the developrrent that previously existed eliminating noise generating equipnEnt or a reduction in the use of noise generating equiprrent. Section 2 Existing uses DeellEd not to be Pemitted Policy 14 of Part 2 in the Mmicipli PLanning Strategy, the following uses are cIeerred not to be permitted in corrpliance with this Land Use By-law: Pursuant to L~ ND WSE Recycling facility using C::1\l1C:: ~ outdoor storage 75 Pitt Street DDRESS Sydney Heavy equipment depot and operational yard 283 Dominion Street Heavy equipment depot and operational yard 245 Dominion Street Glace ent n;,,' 15629306 15454903 Bay Westmount road depot nd meoh, PID# Mines wn", c< m 5 Pero Street 15454511 15009343 Sydney Mines ehicle repair Propane fuel storage and distribution terminal 103 Ferris Street Metal fabrication 42 Reserve Street, Glace 15165632 15137672 Sydney 106 Gannon Road 15697303 Bay 15399918 136 PART 56 HOWIE CENTER SELF STORAGE FACILITY (HCSS ZONE Section 1 HCSS Uses Pemitted Permits shall Thveloprrent only be issued in the Hess Zone for one or nnre of the following uses in with relevant section of the General Provisions Part, and any specific section of this Part corrpliance any devoted to the use. Self storage facilities Single detached residential Section 2 Maximum care d\\ ellings that do not HCSS Lot Parcel height have the dimemiom DevelopllEnt RequirellEnts of any building parcel occupied by a dwelling Setback from boundary shared with Kings Road Maximum scale of any buildings Maximum number of self storage facility buildings Setback from any lot Amendment in qf a mobile home a~defined by this By-law d\\ ellings 1 storey 40 ft. 20 feet 3, 000 sq.ft. 2 effect since December Sh, 2005 138 PART 57 BALLS CREEK HEAVY EQUIPMENT RETAIL & REPAIR BHE) ZONE Section 1 BIlE Uses Pemitted Permits shall Thveloprrent only be issued in the BHE Zone for one or nnre of the following uses in with relevant section of the General Provisions Part, and any specific section of this Part corrpliance any devoted to the use. nntor vehicle sales and rep:rir Section 2 BIlE Lot Parcel DevelopllEnt RequirellEnts Ihe site plan on the page of this imm:x: after this page shall be part of this Zone. By-law Iiately Ihe location, orientation and scale of the building, chiveway, and the retail display and storage areas shall not deviate nnre than 10% of the illustrated location, orientation and scale as calculated from the site plan Ihe chiveway from its intersection with the Frenchvale Road up to and including the front yard of the building and the sectors on either side of the building as illustrated and noted on the site plan shall be asphalted A mininum of 20 parking spaces, including two handicappxl parking spaces, shall be provided Ihe natural vegetative cover of the parts of the lot parcel not occupied by parking areas as defined in this By-law, the building, outdoor display and storage areas shall rem:rin unless it is a landscaped open area as defined in this By-law. Amendment in effect since February 21'~2006 139 Section 2 Ihe lot FEZ Lot Parcel DevelopllEnt RequirellEnts parcel developrrent requirenEl1ts for all MINIMUM PUBLIC STREET/ ROAD FRONTAGE permitted uses in the FEZ Zone are as follows: No minimum is established but the lot abut and front MINIMUM BUILDING SETBACK NIL * PARKING REQUIREMENTS Subject to the along a public parcel shall street/ road parking requirements in the General Provision Part Section 3 Outdoor Display and Storage O1tdoor display shall be permitted. O1tdoor storage shall be prohibited from the FEZ Zone By- core area as illustrated on the Land Use law:Map. e in the FEZ Zone except within irrpound yards O1tdoor storage shall only be permitted else~ to a m: r in use and screened from accessory any pedestrian sidewalk. 142 PART 60 NEW WATERFORD AMBULANCE DEPOT ( NWA) ZONE Section 1 NWA Uses Pemitted Permits shall Thveloprrent only be issued in the NWA Zone for one or nnre of the following uses in with relevant section of the General Provisions Part, and any specific section of this Part corrpliance any devoted to the use. Arrbulance depots RUe Zone permitted uses Section 2 Outdoor O1tdoor display is O1tdoor storage is Section 3 Ihe area Display and Storage permitted. prohibited. Mltor Vehicle ~ of the lot parcel directly uvering Area bemeen the exterior wall of the m: rin building and lliwne Street shall be cIeernxl to be the nntor vehicle subject to the General Section 4 Ihe rmneuvering area ' Ihe nntor vehicle rmneuvering area shall be Provision standards for parking titled ''Parking Area Standards". Landscaping Provisions parcel subject to the setback provision of Section 5 below from the acljacent properties By-law' s definition for landscaped open area. An opaque wooden fence shall be erected along the property boundary shared with the residential property to the north ~ it parallels the yard bemeen the building and lliwne Street. area of the lot to the north shall nEet this Section 5 Ihe arrbulance Mlln Building depot Siting RequirellEnts shall be: no closer than 40 ft. from the no closer than 15 ft. with the boundary shared with lliwne Street; and boundary shared with the acljacent properties to the north (i.e. Pill # 15477904 i.e. 785 lliwne Street and 15477938 i.e. 986 Ullon Street). Section 6 Public street/ road Access tor vehicle access to the site shall be fromlliwne Street only, and suQject to the General Provision Section titled ''Parking Area Standards". Section 7 At least 3 Parking RequirellEnts parking spaces shall be provided ' Ihese parking spaces shall not be located bemeen the depot building and lliwne Street as illustrated on the nnp on the next exterior wall of the arrbulance page. 144 PART 61 STREET GEORGE NORTH SYDNEY APARTMENT BUILDING (GSN) ZONE Section 1 GSNUses Pemitted Thveloprrent Permits shall only be issued in the GSN Zone for the following use in corrpliance with any specific section of this Part devoted to the use. relevant section of the General Provisions Part, and any apartrrent building (s) Section 2 GSN Lot Parcel DevelopllEnt RequirellEnts 1. ' Ihe nurrber of storeys shall be two. 2. ' Ihe ITEXinumnurrber of 3. ' Ihe of the lot apartrrents) shall be 21. d\\ ellingunits ( parcel occupied by the apartrrent building; or used as a parking area shall be in corrpliance with the definition for landscaped open area and designed by a Certified area not: Horticultural Technician or the parking area an architect. Particular attention shall be rmde to frarre: in vegetation that nnllifies the view of the parking lot from aclj oining lands and the Street; and both sides of the entrance walkway in vegetation or fencing, or trees, along with ground cover vegetation such as grass. by using structures ( e. fram:x: within a fence or vegetative surround Any utility g. garbage receptacles) shall be l conprised of shrubs or bushes. Ihe direction of nntor vehicle traffic in any parking area providing parking spaces on either sicle of a chiveway or aisle shall be one directional. To facilitate the consistent nnvenEnt of nntor vehicle shrubs and bushes, 4. 5. ' traffic in one direction; parking spaces shall be oriented at an angle at least 30 degrees less than 90 degrees from the directional flow of nntor vehicle traffic; and the General Provision requirenEnt to setback parking lots/area at least 6 ft. from the public street/road rmy be partly waived. Section 3 DevelopllEnt Pemit Pre-requisites No Thveloprrent Permit shall be issued in the GSN Zone unless for the construction of a new parking lot to service the and PLeasant Street on a Thveloprrent Permit has been issued of Colurrbus hall bemeen Prince Street Knights occupied by the hall, and the parking lot is under land consolidated with the parcel construction 146 PART 65 MEMBERTOU SHIPYARD BUSINESS ( MSB) ZONE Section 1 ~ Uses Pemitted Permits shall Thveloprrent only be issued in the MSB Zone for one or nnre of the following uses in corrpliance with any relevant section of the General Provisions Part, and any specific section of this Part devoted to the use. Arenas Hotels Section 2 a. Storm Water Detention Basin This Zone is in effect in the 10\\ ef reaches of the Wentworth Geek watershed. A storm water collection system channeling the storm water collected from the roofs of any m: rin building and the area ( refer to definition of area) to a storm water detention hlsin shall be designed parking parking and constructed as a required ancillary corrponent of any constructed m: rin use c1eveloprrent Zone. ' Ihe purpose of the storm water detention hlsin shall be to terrporarily hold the collected storm water until a storm ends and the water levels of Wentworth Geek at the 1st pond permitted in this imrnxliately south of the Argyle Street bridge subsides to a level less than l/ lcF of nornnl water table levels ancVor the water in the Geek is a nEter above at such volUnES that the culvert flowing capable of collecting and channeling the storm water into the 2nd pond just north of bridge without flooding above a level equivalent to l/ lcF of a nEter above nornnl water table under the bridge is the levels. b. Ihe ' capacity of the storm water detention hlsin should be capable of detaining storm water collected froma 100 year storm c. Before the Thveloprrent water collection Officer can issue system including the a Thveloprrent Permit the submitted storm water c1etention hlsin shall be design of the approved by storm s CBRM:' Engineering and Public Works Thpartrrent. d All parts of the storm water detention hlsin not intended to be definition for landscaped open area in this By-law. Section 3 a. This perrmI1ently under water Public Street/road A~ By-law has c1eveloprrents to be established on lot parcels frontage public parking area that is accessed via a public uses in this Zone, within this Zone only, shall be eligible for a street/road Any permitted Permit if the and area access is via a Street ermnating from the Street Thveloprrent frontage parking l\ Ier bertou Reserve and owned and m: rintained Ier bertou Reserve. by the l\ with a General Provision on a requiring all business road and street/ a b. No extension of any Street intersecting Alexanrn-a Street shall be used to developrrent within the MSB Zone. Section 4 a. shall nEet the All directly access any business Landscaping Provisions exposed ground shall corrply with the definition of this By-law for landscaped open area,unless stand of existing trees is not disturbed by the construction 150 a PART 67 1370 VICTORIA ROAD ( 1370VR) ZONE Section 1 1370VR Uses Pemitted Thveloprrent Permits shall only be issued in the 1370VR Zone for one or nnre of the following uses in corrpliance with any relevant section of the General Provisions Part, and any specific section of this Part devoted to the use. residential - only the following when there is no longer any sales or service uses ellings that do not have the dimemiom qf mobile home defined by this By-law single c1etached d\\ a two unit a~ d\\ ellings sales - only the following antique sales bakery sales boutiques convenience stores nntor vehicle retail and rental dealerships pharrmcies service - only the following aninnl (donEStiC) grooming artist/artisan establishnEnts arts/ entertainm:nt studio business offices catering business day care facilities launchurmts nEdical clinics personal reparr service businesses servlces restaurants Section 2 1370VRLot Parcel Develo DEnt MiniIllJIIllot parcel area MiniIllJIIllot parcel public MiniIllJIIl setback from an MiniIllJIIl setback from an DEnts NIL street/road frontage ublic street/ road other lot or cel bo 20 feet 10 feet 4 feet Any part of the site subject to this Zone used as a parking area or display area, as defined in this with a Bylaw, bemeen a m:rin building and Victoria Road and Catherine Street shall be m:rintained perrmnent hard surface (pavenEnt or similar rmterial) and corrply with the " Parking Area Standards" Section of the General Provision Part of this Bylaw. Any part of the site subject to this Zone used as a parking or display area located to the east of the m: rin building shall be m: rintained with a gravel surface or similar rmterial that prevents the raising of dust. Any part of the site subject to this Zone abutting the residential properties fronting along Catherine Street shall be screened from these resiclential properties as defined in this Bylaw. Any part of the site subject to this Zone used as a parking area or display area to the east of the m:rin building shall be encorrpassed by a fence at least 5 ft. in height. 153 PART 68 Section 1 PRENDERGAST LANE BUSINESS ZONE ( PLB) ZONE PLB Uses Pemitted Permits shall Thveloprrent only be issued in the PLB Zone for one or nnre of the following uses in with relevant section of the General Provisions Part, and any specific section of this Part corrpliance any devoted to the use. all permitted in the RCB Zone equiprrent and rmterials depot for service contractor specializing in the use of high pressure washing equiprrent. uses business office and nntor vehicle, Section 2 PLB Lot Parcel DevelopllEnt RequirellEnts all of the following requirenEnts are Thveloprrent Permits shall only be issued in the PLB Zone ~ nEt. Non corrpliance with each and every one of these provisions is a violation of this Land Use Bylaw. a. ~ tor vehicle access to the site shall only be from one parking area chiveway intersecting Prendergast Lane. b. Any part of the site occupied by a building, or used as a parking area, display or storage area shall be effectively screened from the view plane of the Birch Grove Road and Prendergast Lane using only natural vegetation, exce{Jt where the parking area chiveway intersects the Lane. ' Ibis open view plane at the Lane/ intersection shall be no wider than 50 ft. unless a wider opening is required by chiveway the Traffic Authority. c. ' Ihe business occupying a site in this Zone nust provide its custonEr/client service prinmily off-site. d No retailing of goods, rmterials and equipnEnt used in the operation of the business occupying the site shall be permitted. e. Any activity or use of land that emits noises Wlich contravene the pertinent provisions of the CB~ Noise Bylaw shall also be considered a violation of this Bylaw. f. Any activity or use of land that emits odours considered offensive by neighbouring property owners Wlich either occurs frequently or regularly over a duration of tinE in excess of Yz hour shall be considered a violation of this Bylaw. 155 PART 75 DEFINITIONS parcel as the m:rin building exclusively cMelling is considered an A is attached to a d\\ elling if the and the accessory building. garage garage cMelling share a COmrrDn wall, ~ ther or not they share a COmrrDn door. A garage is detached from a d\\ elling if they are or if are connected a nnmuom or other similar separated, they only by pedway, breezeway, carport, indoor corridor with dinEnsions less than either the dwelling or the accessory building. Accessory buildin2:nEanS or use a subordinate of land devoted building or structure on the SanE lot to an accessory use. A garage attached to a naturally, custorrnrily and normilly incidental to and exclusively devoted to a m:rin use of land or buildings and located on the SanE lot parcel. An accessory use to a place of resiclence nust be clearly seen as being supportive of: Accessory use nEanS the m: rintenance a use subordinate and of the residential property; or or recreational pursuits of the occupants that envirollnEnt. the types of personal are not obtrusive in a residential neighbourhood clarify the interpretation of obtrusive for this definition, any activity or use of land that involves the outdoor collection, accmnulation, or storage of miscellaneous equiprrent, rmterials, nntor vehicles, or To parts thereof shall c1eveloprrent, unless it takes place in adversely neighbouring properties visually as an unusual and land use. use of tools, and rmterials to regularly service vehicles, equiprrent, and unique Any equiprrent, rmterials owned by non-resiclents of the address shall also not be considered an accessory use to residential c1eveloprrent. an not be considered an accessory use to resiclential innocuous location Wlich does not AccolIID)() ations business effect service nEanS a providing overnight or terrporary lodging within a building and rmy include hotels, nntels, inns, bed and breakfast establishnEnts, tornist cottages, and hostels, but does not include property used to provide outdoor facilities for overnight or terrporary lodging ( i.e. carrpgrounds, carrper trailer hookups) Adjacent property parcel to be any lot/ parcel of land sharing other than a public street/road nEanS developxl a COmrrDn lot parcel boundary with the lot or structure constructed in compliance with the latest edition FarmBuilding 0xIe of Canada custonmily used in connection with a farm other than a including a barn, stable, silo, shed, greenhouse, nursery, or irrpoundnEnt area such as a pen or Amicultural buildin2:nEanS any building of the National d\\ elling feed lot. sales outlet prinmily retailing Amicultural produce market nEanS a Amicultural products nEanS prOOuce, P~ both anirml and plant into a a fabricated rmnufacturing prOOuct. agricultural produce. establishnEnt altering raw agricultural m: rrket Amiculture nEanS the use of land,buildings and structures for the prOOuction of crops, or raising ancVor caring of livestock as an agricultural comrrrxlity or as a ch-aft:anirml serving in the agricultural ation O( fl" For purposes of clarification,processing of agricultural prOOucts associated with an agricultural ation O( fl" shall be considered accessory to the prinmy agricultural operation Processing of agricultural prOOucts as a m: rin use at a separate site from the prim:rry operation (e.g. milk processing, abattoirs) shall not. As ell,retailing of agricultural prOOucts on the farm,that are prOOuced on the farm, shall be considered accessory to the prinmy agricultural ation O( fl" Retailing of agricultural prOOucts as a m:rin use at a of sales. This By-law divides agriculture into separate site from the prinmy operation is a sub-category the following categories: crop fanning nEanS harvesting an agricultural ation O( fl" of vegetables, fruits, berries, nuts, in Wlich the prinmy function is the or other similar growing and products. 163 kennel facility ~ e anirmls are bred or boarded as a business c1eveloprrent intended to generate revenue by charging a fee for purchase or boarding. livestock fanning nEanS an agricultural operation in Wlich the prinmy function is the rearing of anirmls to produce comrrrxlities. This category is further divided into livestock stabling and livestock grazing. livestock grazing is the use of large tracts of land for growing feed Wlich is prinmily eaten pre-cut by grazing, untethered livestock mixed fanning nEanS an agricultural operation in Wlich none of the other five categories predominates. specialized types of agricultural production nEanS greenhouses, nurseries, or the rearing of insects to prOOuce comrrrxlities. stable nEanS a building designed to house, or breed large ch-aft anirmls (e.g. horses, cattle, donkeys) either for agricultural, recreational, or business purposes and shall include riding stable businesses. Ihe keeping ancVor caring of anirmls at a srmll scale as a hobby activity is not an agricultural land use, regardless of the type of anirml. This By-law respects that there are other enabling provisions in the Mmicipli GovernnEnt Act to effectively regulate the keeping of donEstic anirmls and activities nEanS a in relation to them Alcohol beverare service establislnrent service establishnEnt ~ prinmy comrrrxlities sold to the general tavern, pub, lounge) liquor, spirits ( for either within the or in a area outside on the public consrnrption premises designated property operated by the establishnEnt. nEanS a ancVor beer, ancVor wine, ancVor are Alcohol vr0ce:ssin2:nEanS distillery, a bre\\ efY, or building are winery rmnufacturing establishnEnt. Alter nEanS any change in the structural corrponent of a building or the that e.g. or any increase in the VOlUnE of a structure. AnIJseIIEnt park nEanS Animal ( doIIEStic) care offering recreational activities, nEChanically electrically operated rides, and ancillary activities to the general public for a fee. and rmy inclucle include a kermel. care AntiQUe retail entertainnEnt business facilities nEanS a service business associated with srmll veterinarian' s office, anirml shelter, anirml a nEanS a an sales establishnEnt sitting, and or or donEStiC anirml grooming, but does not specializing in previously owned oQjects of personal property a value in a recognized rmrket in excess of its original Wlich, because of public clermnd, have attained value. i\ rrEnt par(: nEanS a unit within in d\\ elling an apartrrent building or a mixed use building with apartrnnts. i\ rrEnt par(: Buildin2: nEanS d\\ elling units, ~ ther or a residential not it was building, other than a originally constructed as townhouse, an containing apartrrent building three or a or nnre building converted for such purposes. i\ rrEnt par(: buildiIu!desi2Ued for senior citizens nEanS an apartrrent building with ancillary facilities intended to provide anEnities for senior citizens and rmy inclucle, but not be limited to, passive outdoor recreational facilities, rmnicured landscaped open areas, activities room>intended for comrrunal functions, handicapped facilities Building 0xIe requirenEnts. as an integral part i\ rrEnts par(: within a nixed use buildiIu!nEanS in Wlich at least part of the building is of the facility rather than mininnl one or nnre occupied by apartrnnt business retail/service d\\ elling token adherence to units within a building developrrents. 164 Arcade entertainm:nt business establishnEnt ~ nEanS an physical activity such the general public for a fee. strenuous Architect Arena nEanS a nEanS a professional recreational as video garres, ancVor anusenEl1t devices wnch do not ancVor snooker tables pool require nncIe available to are architect licenced to practice in the Province of Nova Scotia building the sports ( e.g. hockey) that also includes prinmy purpose of wnch is to be used for the playing of team ancillary off-season uses as an asserrbly hall ( e.g. conferences, bingo etc.) Artist/ artisan establisllIrEnt carpentry, smithy, customized the studio/shop nEanS sheet nEtal, rmchine glaziers, and tailors) provide artists ( e.g. painting, nusic), artisans ( e.g. ~ and craft shop) persons ( e.g. photographers, ceramics, pottery, a service by conducting their work, a significant percentage of wnch is customized, and offer it for retail. A cIecorating business that inserts errbellisllnEnts onto rmnufactured product and offers the cIecorated prOOuct for sale is not ArtsIentertainment studio nEanS a for purposes of service either an a pre- artist/artisan establishnEnt. facility used by artists or broadcasters to conchJct their work by direct broaclcast from the studio, by nEanS of a gallery public consrnrption display, or by rmss prOOuction (e.g. corrpact disc, books). AssenDly hall nEanS a service establishnEnt ~ facilities are provided for public, social, or religious centers, fire halls, concert halls, and halls purposes and shall inclucle church halls, comrrunity halls/ service clubs. ' The of an alcohol operated by private operation beverage service establishnEnt within the premises shall be considered AssenDly manufacturiIu! rmterials. : Manufacturing an accessory use. nEanS the rmnufacture of a m: rrket prOOuct by assembling processed rmy include, but not be limited to, asserrbling of car parts to nnke the car, asserrbling of pages of newspaper to be delivered to end user clients, asserrbling of rmterial to nnke clothing; rmking prefab houses, fmniture, scientific equipnEnt, appliances. Atrimn nEanS a asserrbly glaze or glass roofed inner corntyard within a building or encorrpassed within a corrplex of buildings. Bakery sales nEanS an establishnEnt ~ Bay mndow nEanS a prqjecting bay 00ked gaxls from the wall only are cooked and retailed. with windows that f()[ lll;; an extension interior floor splce. 01 the outside, the bay should extend to ground level, in contrast to wnch prqjects from the exterior wall plane above ground level. Beach recreational water for use nEanS a shore area available to the public free or for a fee that an to the oriel window, provides access to swimming any other aquatic sports and inclucles a sunbathing area, public washroom facilities, and a parking area. A beach recreational use rmy also include a variety of ancillary support facilities such as a picnic area, canteen/take-out restaurant, video arcacle. or Bed and breakfast no nnre accolIID)() ations nEanS a hOnE business within than four room> are rented and breakfast served to Boardin2: hoIIE nEanS a hOnE business within and board to persons for extended provides kitchen facilities are rmde available to all tenants. room Boathouse nEanS a single detached overnight guests only. a single detached periods of tinE for a in the d\\ elling ~ a ein d\\ elling ~ proprietor fee and shared bathroom and personal private recreational building (i.e. not a business canoes, kayaks etc. and not a residential accessory building) used for the storage of boats, 165 Boutiaue retail store nEanS a and other srmll scale Buildin2: nEanS accomrrrxlation or platform,vessel or specializing with item;; a floor area a limited variety of chy goods, crafts, clothing less than 200 sq. nEters. ther terrporary or perrmnent, used or built for the shelter, any structure ~ enclosure of persons, anirmls, rmterials or equiprrent. Any awning, bin, bunker or vehicle used for any of the said purposes shall be cIeerred Buildin2:footorint nEanS the exterior outline of a building, rreasured at Buildin2:SUPDlv dealershio nEanS as in the sale of a a building. gracie, on a site. sales business that retails, construction rmterials and tools as ~ ll and fmniture with an extensive outdoor storage area for large volUnES of construction equals the floor area of the building housing the business." appliances rmterial that at least Business hall nEanS a Business office of a nEanS business service privately operated place of business providing asserrbly hall type facilities. persons are errployed in the rmnagenEnt, direction or conducting behalf of clients. Although not limited to the following, a business office rmy property ~ on include the office of a financial institution ( e.g. bmk, insurance agency, brokerage, loans etc.), a professional office ( e.g. engineer, architect), governnEnt office, telecomrrunications and digital technology, printing/publication establishnEnt, call center, and rmy include the business office of a nonprofit charitable organization,but does not include a nEdical clinic. Businesses with includes Call Center a hi2h custoIIEr traffic volume contined with restaurants ( including chive take-out a short customer stavin2: tinE through), video rental, convenience organization or an outsourced, separate service facility solely place telephone calls. Usually refers to a sophisticated voice operations center that provides a full range of high-volUnE, inbound or outbound call-handling services, including custOllTI" support, operator services, directory assistance, nnltilingual custOllTI" support, credit services, card services, inbound and outbound telemrrketing, interactive voice response nEanS a that exists business office within stores. to ans\\ ef inbound an outbound or and eb\\ based services. Canv2round nEanS a recreational business establishnEnt ~ e designated spaces/plots are provided A carrpground provides for tents, carrper trailers and travel trailers for overnight accomrrrxlation sanitary and waste disposal facilities, launchy facilities. Caroort nEanS a door covering a structure attached to a the vehicular entrance. Caterin2: business consrnrption nEanS a that d\\ elling Any provides other walls rmy service establishnEnt ~ at functions off the premises and are or a roof over a part of the chiveway without carport. rmy not be constructed in a ein food and beverages are prepared for take-out. premises or as not served to custOITErS on the CeIIEterv nEanS a c1esignated site corrprised of burial lots that rmy inclucle either hurmn or anirml rermins and rmy include accessory uses such as the storage and retailing of caskets and other related funeral supplies, the storage of funeral vehicles, and crerrntion facilities. O1enical manufacturin2:.Means : prOOucts. Example: companies Oothes cleanin2:business and pick up service that is a land use associated with the a,> sociated nEanS a with the production launchurmt or rmnufacturing of chemically based Cifphannaceuticals and synthetic chy-cleaning service establishnEnt, provided in co~ unction with a launcrrormt or chy-cleaning or resin,> clothes crrop off establisllnEnt. 166 Landfill for coiNroction debris nEanS a site ~ uncontaminated construction rmterial can be deposited. Landscauin2: business deoot nEanS associated with service business takes landscaping equipnEnt is regularly used at appropriate. Landscaoed m: rintained a depot, flo\\ efS, or e outdoor storage of equipnEnt and rmterials place. For clarification purposes, if O( flClble the c1efinition of oven area nEanS space on the lot grass, trees, shrubs, the overall the property ~ heavy equipnEnt operational yard is parcel Wlich is generally covered by any corrbination of vegetative ground cover, or structures used to errbellish other design. offering the general public printed, pictorial, video and audio rmterial for perusal within the premises or by borrowing permission without retail or rental fees. library nEanS a cultural service establishnEnt Lot oorcel nEanS any parcel of land clescribed in a deed Wlich created the lot parcel prior to April 16th, S\ 1987, or a devise ofland by will executed prior to January 1 2CXX),or as shown in a registered plan of subdivision Corner lot parcel nEanS a lot parcel situated at the intersection of and abutting on two or nnre public street/roads. lbrough Lot parcel nEanS a lot parcel bounded on two opposite sides by public streets/roads. Lot parcel Area nEanS the total horizontal area within the lot parcel boundary. Lot parcel Boundary nEanS the border line of the lot parcel. Lot parcel public street/road frontage nEanS the length of the lot parcel boundary Wlich is also the public street/road boundary, except lot parcels bounding an outside curve of a public street/road,in Wlich case the lot parcel public street/road frontage nEanS the horizontal distance bemeen the two lot parcel boundaries intersecting the public street/road boundary, such distance being rreasured perpendicularly to the line joining the middle of the public street/road boundary with either the middle of the lot parcel boundary opposite the public street/ road boundary or the apex of the triangle formx:l by the lot parcel boundary intersecting the public street/ road boundary rreasured at a distance no greater than 50 feet from the public street/ road boundary. When determining corrpliance with the mininumlot parcel public street/road frontage requirenEnts for lot parcels Wlich abut along nnre than one public street/road,the lot parcel boundary shared with the public street/road with the greatest length shall be used. Lot oorcel ureoaration stor32e shed nEanS a building prinmily used to store rmterials, equiprrent, and use as a building lot for the construction of a m: rin tools used in the preparation of a lot parcel for eventual building. Main BuildiIu!nEanS the building in Wlich is carried on the principli purpose for Wlich the lot parcel is used. Manufacturin2:nEanS the process of rmking rmterial into finished a prOOuct; in large quantities. engaged in the nEChanical or chemical transforrmtion of rmterials or substances into new products and in asserrbling corrponent parts of rmnufactured prOOucts into new prOOucts. Manufacturing shall inclucle asserrbling, fabricating, finishing, packaging or processing operations. a raw It includes establishnEnts Marina boats and ships are containing dockingfLaunching facilities ~ stored, serviced, repaired, or kept for sale or rent including any accessory business. Accessory uses rmy include retailing of m: rrine accessories, boutiques, restaurants, alcohol beverage service establishnEnts, asserrbly halls and waste water prnrping facilities. nEanS a service establisllnEnt 172 the nntor vehicle Wlich responsible for it to operate, the repair of the external body of the nntor vehicle, and the repair of the glass affixed to the body. tor vehicle fuel service nEanS an establishnEnt ~ the prinmy purpose is the sale of fuel for nntor vehicles. ~ tor vehicle repair and general cleaning (e.g. car wash,upholstery cleaning) as ell as the retailing of convenience retail itellE and restaurants rmy be considered accessory uses to the fuel service establishnEnt. As long as the area occupied by the nntor vehicle sales and display does not exceed the floor area of the building + the prnrp island parking area and their approaches from the public street/road,it shall be considered an accessory use to nntor vehicle fuel service. tor vehicle cleaning service nEanS an establishnEnt ~ the prinmy purpose is the cleaning of are nntor vehicles. tor vehicle towing service nEanS prinmy purpose of Wlich is to tow and irrpound they have nnlfunctioned or have been ordered from a public street/road by the Traffic Authority. An irrpound yard sealed from access by the general public for such vehicles to be held terrporarily for insurance purposes or until the owner an establishnEnt the nntor vehicles that have been abmdoned because pays l\ tbvie a traffic violation shall be considered theatre nEanS an used after the word "this" ever l\ 1usemn cultural service study and exhibition of historical NursiIU!l10IrE nEanS a accessory use. entertainm:nt establishnEnt c1evoted to Municipalitv ~ nEanS a an nEanS the facility, establishnEnt or showing nntion pictures. Cape Breton Regional Mmicipality. corrplex, or use of land for the artifacts, structures and buildings open to the health care service establishnEnt ~ persons with preservation, general public. the prinmy service is ancVor nEI1tal illnesses, continuing care to physically or nEI1tally chronically debilitating physical challenged, ~ they are lodged and provided with full tinE nursing services and occasional nEdical services ( as opposed to full tinE nEdical services in a hospital) in a dormitory style of floor plan (without door locks) with care giver stations and kitchen / cafeteria or restaurant service. Where the nursing service, food service and social services provided to the tenants of the prinmy service facility are also available to those living in apartrrents within a corrplex setting, such apartrnnt buildings are considered an ancillary part of the service, but not the prinmy part. Oriel window nEanS Parkin2: area a window bay that prqjects from the nEanS an area on a rarrps and nntor vehicle Parkin2:lot nEanS a lot rmneuvering vehicular or building beginning above the ground level. parcel ( s) containing parking spaces including chiveways, aisles, areas. parking area or parking structure Wlich is a principli or m: rin service use of a lot parcel. Parkin2: space access nEanS an area of not less than 180 sq.ft. rreasuring 9 feet by 20 feet exclusive of parking or storage of nntor vehicles, and Wlich has adequate aisles, for the terrporary to permit ingress and egress of chiveways or chiveways, aisles or a nntor vehicle to and from a public street/road by nEanS of rmneuvering areas. Passive recreational facilitv recreational site devoted to nurturing a sensory experience to conterrplative pensive organized sporting facilities or fields. of recreational facilities include nature reserves Exarrples passive garden parks, stinnlate Pedmtv nEanS an ground level (i.e. Peffitock nEanS and a behaviour with enclosed pedestrian corridor underground), nEanS an enclosed at no active linking two or nnre buildings. or above ground A pedway can be below ground level, pipe that delivers water bet\M3en hydraulic turbines and a reservoir. 174 Personal service business nEanS an establisllnEnt ~ e persons are errployed to achrinister to the individual and personal health, grooming and warchube requests of persons and shall include hair grooming establishnEnts, private teaching/tutoring, apparel repair, tailoring, clenturists, tanning salons, aronntherapy, reiki, reflexology, rmssage therapy and spas. Pbannacv nEanS sales business ~ a nEdical devices, apparatus, or e equipnEnt Pbannacv and coIWenience sales only nEdicines are nEanS a worship corrpounded or dispensed and miscellaneous business that inclucles offering a wide variety of prinmily grocery goods Hace of worship are retailed. a pharrmcy and a retail business outlet in limited quantities. comrrunity service building or corrplex of buildings dedicated to religious chapels, terrples, synagogues, nnsques, convents, retreats and A rectory on the SanE lot parcel, or a caretaker' s d\\ elling within the building shall be nEanS a and shall include churches, nnnasteries. considered accessory uses. a \\ ell Hav2lUund nEanS prinmily defined enclosed outdoor recreational space Havin2:field landscaped recreational site c1esigned baseball field, soccer field,running track, or a football field Hwa corrprised of equiprrent designed for play by children younger than teenage. nEanS a nEanS a carefully landscaped recreational Police station nEanS the RCMP. as \\ell detachnEnt of the the headquarters as police. of the area Cape for playing outdoor team sports such cledicated for publicly accessible Breton Regional Mmicipliity as a pedestrian use. Police Thpartrrent or any business office, personnel, nntor vehicle and equipnEnt cIepot: of a A place of incarceration shall be considered an accessory use to a police station Primarv industries either cultivate ancVor exploit the natural resources of the Province of Nova Scotia and shall include the Printin2: and agricultural, forestry, fishery, and mining industries. establisllIrEnt ne\lSl> 3per nEanS a business involved in stereotyping, electro-typing, printing, typesetting, or photocopying prOOuce a prOOuct ( e.g. new> paper, rmgazine) for distribution as a blueprinting, engraving, general public or to service to the Private Road nEanS any street/road not vested in the Province of Nova Scotia or the vehicular and pedestrian Regional Mmicipliity providing across another lot parcel ( or lot parcels) Private service club or access either Cape Breton by expressly granted right-of-way by irrplied grant. nEeting place of a non-profit association of persons for the pronntion of any benevolent, philanthropic, patriotic, religious, charitable, artistic, literary, educational, social, professional, recreational or sporting oQjective and often inclucles ancillary uses such as an asserrbly hall and alcohol beverage service establishnEnt. Protective nEanS a nEanS service the provided by police, fire clepartrrents, the military, judicial, coast guard, and correctional institutions. Public street/road nunicipli public street or road and any provincial public street or road, or by the Federal GoVernnEl1t or by a Federal Gown OJrporation as of 27', in 2CX) 2 . amendment ( since December Sh, 2(05) effect April a nEanS any street or road owned or rmintained Public street/road boundarv nEanS the boundary of the public road shared with street/ acljacent properties. 175 purpose of Wllch is to accept used rmterials, equiprrent, rmchinery and parts thereof to be either sold on-site or shipped else~ to be processed into new prOOucts. ' Ihere are three broad types of recycling facilities: Recvclin2: facilitv nEanS a service establishnEnt, the prinmy recycling facility collection depot nEanS an establishnEnt Wllch only collects used goods, rmterials, prOOucts, etc. and ships them to another facility for processing into other prOOucts ( e.g. Enviro depots, bottle exchange). used rmterials, equipnEl1t, recycling facility and parts separation nEanS an establishnEnt ~ nnchinery, nntor vehicles etc. are accepted and parts are separated on-site to be either sold on-site or shipped to another establishnEnt for processing. recycling facility using outdoor storage nEanS a recycling facility incorporating any corrbination of the two above types Wllch uses an irrpound yard to store the used rmterials, equipnEnt, nnchinery. Rental sales nEanS a business ~ A rental sales business can e goods, range from a rmterials or equiprrent is available for rent to the consllIref. video rental store, party rental outlet to the rental of industrial equipnEnt and nnchinery. Repair service nEanS property associated with the m:rintenance, comrrrxlities, cleaning of goods, repair of clothing, and rmchinery equipnEnt without the care, equiprrent, appliances, fmniture, srmll engines, or parts of vehicles, ther within a building or outdoor) of the vehicle the part is storage (~ je\\ elry, Residential nEanS Residential care the use of a building dwelfuu!nEanS with a ITEXinumfloor d\\ elling physical a or part of a building building that corrplies area of 3,CXX)sq. ft. ~ ancVor nEntal illnesses ancVor physically or full tinE nursing services hospital). as a or a associated with d\\ elling or d\\ ellings. with the definition of a single c1etached prinmily persons with chronically debilitating nEI1tally challenged, are lodged and provided with e and occasional nEdical services ( as Residential resort complex nEanS a repair rmterials other than nntor vehicles and shall inclucle the prinmily resiclential opposed to full tinE nEdical subdivision serviced services in a by: network of private roads; and central Mmicipli piped sanitary se\\ef system; Wllch includes ancillary recreational and business developrrents prinmily serving the residents of the d\\ ellings within the corrplex but Wllch could also be open to the general public accessed by a private road(s) constructed to public street/road specifications. a prepared and sold to the general public consrnrption beverages rmy be an accessory use but at no tinE during the day or night rmy the serving of alcohol beverages be the m: rin use. Restaurant nEanS a for Ri2ht-of-\ and pedestrian service business ~ e food and either within the premises nEanS an l3veaoo;ement access to another interest in one parcel or as beverages are take-out. Alcohol or nnre parcels of land intended to provide vehicular granted right-ofway easenEnt of land from a street. An expressly is written in the deed of the grantee. Room and board nEanS Sales nEanS a providing at least a bechnomand one or nnre nEals per day. land use associated with the retailing of tangible wares as llTI" chandize to COnsllIrefS. Sawmill nEanS a mill Wllch uses saws to convert harvested logs into lurrber and does not include a sophisticated rmnufacturing prOOuct Wllch alters the chemical corrponents of the raw tinDer into another prOOuct ( e.g. pulp and paper mill) or adds corrponents to the milled and planed waxl. 177 Sidin2:nEanS the rmterial on the exterior of the \\ building to nnke it eatherproof. light or natural object including the ground itself, or any part thereof, or painted or represented thereon, Wlich is used to identify, advertise, or prOOuct, place, activity, person, institution, organization, firm, group, comrrrxlity, profession, enterprise, industry or business, or Wlich shall display or include any letter, work, nudel, nurrber, banner, flag, pennant, insignia, device or representation used as an announcenEl1t, direction, or advertisenEnt, and Wlich is intended to be seen from off the premises or from a parking lot. Ihe word " sign" shall include signs Wlich are affixed to the inside of windows and glass doors and are intended to be seen fromroadways or parking lots. Si2l1 nEanS a structure, c1evice, any device attached thereto, or attract attention to any oQject, illuminated Sign nEanS sign that provides artificial light directly, or through any transparent or source of light connected with such sign, or a sign illuminated by a light focused,upon or chiefly directed at the surface of the sign. Proiecting Wall Sign nEanS a sign Wlich prqjects from and is supported by an exterior wall of a building. Sign Area nEanS the area of the srmllest triangle, rectangle or circle or semicircle Wlich can Wlolly enclose the surface area of the sign. All visible faces of a nnlti-faced sign shall be counted separately and then totaled in calculating sign area ' Three dinEnsional signs shall be treated as dual-faced signs, such that the total area shall be twice the area of the srmllest triangle, rectangle or circle or semicircle Wlich can totally cirCllIIEcribe the sign in the plane of its largest dinEnsion a translucent rmterial, from a Sincle Detached DwelliIU!nEanS one household,but excludes a a corrpletely mobile home, or a detached unit used, or intended to be used, by d\\ elling travel trailer. building, or part of a building, or an outdoor designated area( s) designed for the playing of particular sports along with ancillary services such as changing rOOnE, leisure area,concession area!bar. Exarrples of sport facilities include tennis courts, chiving ranges, swimming pools, and Sport facility nEanS a gyrrIlliSlllIIE. Stone fabrication comrrrxlity ( nEanS a stone is fornEd into a saleable rmnufacturing establishnEnt ~ nEthods such as using cutting, sanding, polishing, dyeing, engraving nnnUnEnt works) e.g. etc. Stonure nEanS the placenEl1t of goods, rmterials, equipnEnt, autonnbiles, specific Storey location with no intent of display for retailing, rental, the space of a d\\ elling than 90% of the space bet\\ een nEanS nnre bet\\ een a floor and the floor and the or or any type of nnchinery in a Wlolesaling purpose. ceiling or bemeen the floor and the roof ceiling or roof is considered habitable (i.e. at a least 6.9 feet in height). a storey that has sufficient splce least 50% of the habitable space of the 1st storey. IhStorey nEanS Structure nEanS bet\\ een the floor and the ceiling or roof to equal at anything that is erected, built, or constructed of parts joined together or any such supported by the soil or by any other structure. erection fixed to or Tomist cotl:a2e nEanS a building, or part of a building within a tourist cottage corrplex to accomrrrxlate guests designed and built as an independent and separate housekeeping establisllnEnt with separate culinary and sanitary facilities. one or nnre Tomist cotl:a2e complex nEanS a service accomrrrxlations establishnEnt corrprised of two or nnre tourist cottages. Tomist infonnation center the geography, attractions, nEanS a service that and services provides useful knowledge to travelers or tourists about provided in the area. 179 Townhouse nEanS a each of Wlich has an Tract of land nEanS Traffic Authoritv residential Wlich is divided building entrance to one or nnre a collection of contiguous into three or nnre units, d\\ elling parcels under the SanE ownership. Engineering & Public Works for the CBRM ~ e responsibility to m: rintain the public street/road is the Regional Mmicipliity' s and the Nova Scotia Thpntrrent of the responsibility to m: rintain the public street/road is the Transportation and Infrastructure Renewal ~ nEanS the vertically yards. of Thpt. Province of Nova Scotia. TraIl"> OillnEanS a srmll ornanEI1tal window above a door. an establishnEnt ~ the m: rin use involves transporting. It includes: transportation personal service businesses such as taxi and shuttle vans; transportation general service businesses such as buses, nnving corrpanies, transport and delivery; transportation terminals. TraI9lOrtation nEanS TraI9lOrtation 2eneral service ~ a fleet of buses Wlich seat trucks or vans nEanS an nnre than 8 persons for hire to transport and rmy include bus terminals/depots, establisllnEnt Wlich provides either: including the chiver; or goods nnvers, TraI9lOrtation oersonal service business delivery corrpanies, nEanS an and transit establishnEnt Wlich provides vehicles for hire to prinmily transport persons and includes taxi and shuttle to persons is considered an accessory use to such a transportation use. 'Ihe such businesses can be in a separate location TraI9lOrtation tenrinal nEanS a facility ~ one are storage and distribution facilities, divided into three categories: roacVair ( i.e. car or van type nntor vans. ' Ihe depot and business office of delivery of goods nude of transport is to truck) and shall include all terminals depots. changed for another ( e.g. ship servicing and repairing facilities. Such airport) roacVraillrmrine (i.e. ferry terminus) roacVrail ( i.e. train station) roacVroad (i.e. national or international delivery for regional distribution) TraI9lOrtation tenrinal ( roadImarine) for recreational. Usherv and IlDtor vehicles transportation terminal for recreational boaters, exclusively nntor vehicles Wlich are offered a ~ ancVor or a storage facilities, extensive parking lot and the other business nEanS and the a in fisherpersons, travelling public ferry service but it is not an operation with bulk ancillary land uses associated with a large scale transportation terminal. Travel Trailer nEanS a vehicular portable structure designed for short term occupancy to be used capable of being crrawn by a nntor vehicle or self-propelled. for travel, recreation and vacation and is TrockIheavv eamDIIEnt oorkiIU!snare nEanS an area of 12 ft. or 36 ft. exclusive of of not less than 432 sq. ft. rreasuring a mininum parking or storage of heavy trucks aisles, for the terrporary by chiveway equiprrent, and Wlich has adequate access to permit ingress and egress of heavy trucks equipnEnt to and from a public street/road by nEanS of a chiveway, aisles, or rmneuvering areas. and Turret a nEanS an protrusion ornanEI1tal architectural protrusion reserrbling a to\\ ef with a dollEd roof. Turrets and are of both walle s) and the roof. utility disDosal facility nEanS any above ground building, structures or use of land associated with the 180 disposal ( e.g. incinerator, landfill, household hazardous waste) of a substance collected by utility 2eneration facilitv nEanS any above ground building, structures rmnufactming of a utility service (e.g. coal fired electricity po\\ ef or use generating utility treatment facility nEanS any above ground building, structures a utility. of land associated with the station). or use of land associated with the ancVor renEdiation (e.g. sewage treatrrent, corrposting, oil saturated soil) of contaminated substances by chmping and storing the substance to be reclainEd either passively or aggressively through treatnEnt artificial nEanS for eventual utility scale moo turbine capacity deposit back into the natural envirollnEl1t. nEanS a device for converting wind of at least 750 kilowatts connected to Nova Scotia Po\\ ef utility traINrission facilitv nEanS any above ground buildings, the transmission or collection of a public closely regulated private enterprise such comrrunication,public transit, pipelines. Veranda nEanS a po\\ ef to prOOuce electricity with a Inc.' s grid system structures or use of land associated with service as provided by one of three levels of governnEnt or a electricity, gas, water, sewage disposal, solid waste disposal, roofed cleek (rifer to deck difinition) that is also used as an entrance to and an exit from a building. Wall nEanS a partition supported by the building' s foundation that is intended to enclose the building' s interior and support the building' s roof. A building' s interior nEanS the inside of a building enclosed by walls and a roof wnch is essentially only open to the outdoors by nEanS of openings that, by design, can be closed and sealed easily e.g. doors Warehouse a nEanS distribution of goods, Water extraction natural building or and windows. part of wares, llTI" chandise nEanS a a building used prinmily associated with a sales business for the storage and Wlolesale developrrent. business wnch collects, transports and retails pure water collected from a source. Water bodv nEanS any lake, river, stream, ocean or other body of water illustrated on the Land Use When a setback is irrposed from any water body, it shall be from the Bylaw:Map at a scale of 1 : 60,cXXl shoreline high water mnk or Wholesale nEanS the selling of goods, retailers to be sold again to the ullirmte Wdow's ~ Yard nEanS yard lot parcel. bet\\ een nEanS a an a wares, llTI" chandise, consllIref or substances, articles or things prinmily to to industries, institutions, or businesses. srmll, railed observation platform atop a house. bet\\ een a building and a lot parcel boundary. Any open,uncovered space on a lot parcel m: rin building and the public street/ road boundary shall extend across the full width of the 181 LEVEL 1 AND 2 PUBLIC STREETS/ ROADS SCHEDULE " A" 1, Part 7 in the Mmicipli PLanning Strategy states that the public street/road system in the CBRM shall be divided into a hierarchy. Cllarts on pages 7.4 and 7.5 list the criteria to be used to develop this hierarchy. 'Ihe charts divide the public streets/roads into six levels. Levels 1 and 2 are the highest levels in the public street/road hierarchy. 'Ihere are provisions in this By-law that reference Level 1 and 2 public streets/ roads. For prnposes of interpreting these provisions the table below lists the Level 1 and 2 public streets/ roads by IlallE. Policy STREETNAMEofI.EVELlPUBUCSTREETS/ ROADS Blo\\ efS Street North Sydney bemeen Chrrlotte Street Sydney cial CblTIl1'fi" Street North Sydney cial CblTIl1'fi" Street Gace Ibrchester Street East Bay cial CblTIl1'fi" Street and Pleasant Street bemeen Ibrchester Street and Townsend Street bet\\ een Peppett Street and Blo\\ efS Street bemeen:Main Street and Brookside Street Bay Sydney bemeen the Esplanade and George Street Highway from the Eskasoni Road to the CBRMboundary with Richnnnd Cbunty Ihe Esplanade Sydney fromIbrchester Street to Byng Avenue George Street Sydney from Ibrchester Street to Highway 125 Grand Lake Road from Reeves Street Kings Sydney to the Sydney Road at the bOlmdary of Reserve Mines Street North Sydney from Station Street to Highway 125 Kings Road from the Esplanade Sydney to the East Bay Highway Main Street Sydney Mines from Cbnvent Street to the Trans Canada Highway PLeasant Street North Sydney from the Trans Canada Highway to Blo\\ efs Street PLllIl1IITI"Avenue New Waterford from Heelan Street to Prince Street King Street Sydney from the Esplanade to Victoria Road QIeen Street North Sydney fromPeppett Street to Regent Street Bay from Ullon Street to the Sydney Road Reserve Street Gace SPAR fromHighway 125 to the pier Sydney Road Reserve Mines from Reserve Street to Grand Ulke Road Esplanade to George Street Townsend Street from the Trans Canada Highway from the boundary with Victoria Cbunty to the M : arine Atlantic terminal Highway 125 from the Trans Canada Highway to Grand Ulke Road cial Street to Reserve Street Bay from CblTIl1'fi" from Road to Reeves Street Welton Street Sydney Victoria Ullon Street Gace STREETNAMEofI.EVEL2PUBUCSTREETS/ ROADS Alexanrn-a Street from Highway 125 to Argyle Street fromAlexancrra Street to Bras DO-Aorence Road Brookside Street Gace cial CblTIl1'fi" Kings Road George Street from:Main Street Rorence to Park Road Bay from South Street to Dominion Street Street Dominion from Mitchell Avenue to Royal Avenue Cbxheath Road from Keltic Dive to ~ untain Road Dinaut Dive fromPurves Street to l\ IennrialDive Dominion Street Gace Bay from Brookside Street to MacLeods : Road Elsworth Avenue New Waterford from Heelan Street to St. Agnes Avenne Errerald Street New WaterforcVScotchtown from Heelan Street to King Street Eskasoni Road fromEast Bay Highway to Eskasoni Gardiner Road from Seaside Dive to Grand Ulke Road Grand Narrows Highway from Leitches Geek Road to CBRM boundary Heelan Street New Waterford from Elsworth Avenue to: Errerald Street Keltic Dive fromKings Road to Seaview Dive King Street North Sydney from cial CblTIl1'fi" Street to Station Street 182 King Street New Waterford fromPLllIl1IITI"Avenue to: ErreraLd Street Road Dominion fromRo al Avenue to Main Street Glace Ba Leitches Geek Road fromHighway 125 to the Grand Narrows Highway lingan Road from SPAR in Sydney to the Ullon Highway from:Main Street Louisbourg to Highway 125 Louisbourg Highway Main Street Glace Ba from Cbmrrercial Street to. Main Street Louisbour from the Louisbour Hi Road Dominion to Riverdale wa Street Main Street Rorence from the Bras DO-Aorence Road to Pond Road North l\ IennrialDive Sydney from PLeasant Street to Eveleigh Dive Sydney Mines Mitchell Avenue Dominion from Cbmrrercial Street to Seaside Dive New Waterford Hi wa from Victoria Road S me to ElsWJrth Avenue New Waterford Park Road Rorence from the Bras DO-Rorence Road to the Trans Canada Highway Pond Road Sydney Mines from:Main Street Sydney Mines to m:rin Street Rorence colliery site Street North Sydney fromPorrest Street to Shore Road Sydney Mines Prince Mine Road from the Trans Canada Highway to the Purves QIeen Street North S me fromRe ent Street to MIs ave Lane Riverdale Dive Westnnunt from Keltic Dive to the Westnnunt Road Royal Avenue Dominion from Cbmrrercial Seaside Dive from Mitchell Seaview Dive fromMIs Shore Road me Kings Road Avenue Dominion to the Ullon Highway ave Lane to Hi Street to wa 125 Mines fromFraser Avenue to Purves Street North Sydport Access Road fromHighway 125 to the RudclerhamRoad : rrerald Street Ullon Highway from Seaside Dive to E Victoria Road Sydney from Welton Street to the New Waterford Highway Wilson Road Reserve Mines from the me Westnnunt Road fromRiverdale Dive to the Westnnunt Road from the Mnphy Road to l\ Il cLeods h Road Road Road to the RuclclerhamRoad 183

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